DEBLEENA GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) A learned Single Judge of this Court by order dated 01.03.2013 has doubted the correctness of the ratio laid down by a Full Bench of this Court in the case of Gobinda C. Mondal Vs. Rabindra Mahavidyalaya & Ors., 2013 1 CalHN 9 and referred the matter to the Chief Justice for placing the same before a Larger Bench to decide as to whether the temporary non-teaching staff of the school in question was entitled to get age relaxation for participating in the selection process.

(2.) The matter was thereafter placed by the Chief Justice before this Bench for consideration of the preliminary issue as to whether it was necessary to make a reference, as sought for, in the matter.

(3.) Mr. Chaturvedi, learned advocate appearing for the petitioners submitted that no reference could be made in view of the Rules of this Court, particularly, Rule 8 of Chapter VII of the Calcutta High Court Appellate Side Rules. In support of his contention, he relied on Ahmad Hossain Sk. Vs. The State of West Bengal & Ors., 2001 2 CalHN 762 and TEXMACO LTD. v. TIRUPATI BUILDESTATES PVT LTD., 2011 AIR(Cal) 158 He further submitted that the ratio in Gobinda C. Mondal was not overruled by a Larger Bench of this Court nor by any decision of the Apex Court and was binding upon the learned Single Judge.