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Mukul Biswas vs State Of West Bengal & Ors on 13 August, 2010

In Mukul Biswas (supra) the court had considered several decisions of the Hon'ble Supreme Court and held that equality of opportunity is one of the professed goals enshrined in the preamble of the constitution and it is high time that the State addresses the problem in the light of the decisions of the Supreme Court referred to in this judgment. The question that was answered in favour of the petitioner herein was whether an applicant for a post be worse off for acquitting herself credibility in a recruitment examination and thereby stand deprived of a choice posting which she otherwise would have been entitled to had she not been treated at par with general candidates. The Hon'ble court answered the question in favour of the petitioner and had been pleased to allow the petitioner to exercise an option to choose a place of posting from the vacancies reserved for scheduled caste candidates.
Calcutta High Court (Appellete Side) Cites 11 - Cited by 4 - D Datta - Full Document

Jayashree Mahato vs State Of West Bengal & Ors on 26 August, 2013

In the case of Jayashree Mahata (supra) similar question arose. Whether a candidate once recommended can be re- recommended provided they do not join schools on the strength of such recommendations. The court held that the petitioner 4 was entitled to be recommended to the OBC category post that had fallen vacant. The court answered the question in favour of the petitioner and held that injustice has been done to the petitioner by not recommending her in the OBC category vacancy that was available and directed the Secretary, Regional School Service Commission to recommend the petitioner for appointment in any OBC vacancy and if no OBC vacancy is available to any available vacancy in the region, even though the vacancy may have arisen after expiry of the panel in question.
Calcutta High Court (Appellete Side) Cites 0 - Cited by 1 - A Bose - Full Document
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