STATE OF WEST BENGAL Vs. SASTI KUMAR CHOWDHURY

JUDGEMENT

(1.) QUINTESSENTIALLY a molecular point arises for our consideration as to whether a Division Bench decision is binding on us, which was based on a previous Supreme Court Judgment, that was later overruled by a Larger Bench.

(2.) IN the trajectory of the same, we would have to examine the Order rendered by the Hon'ble Trial Court whereby the directions for according sanction for appointment in favour of the Respondent No. 1 herein was passed. That has been carried at the instance of the State of West Bengal in this Appeal.

(3.) ROUNDING up his submissions on the basis of those three focal aspects, Shri Wasef Ali Mondal with Smt. Shanti Das for the Appellant State of West Bengal has argued that the Order passed by Hon'ble Trial Court, unless set aside-would give rise to a very difficult situation resulting in the Respondent No. 1 being appointed without following the Recruitment Rules and without prior approval of the District Inspector of Schools.