SUBHRO MUKHERJEE Vs. ABHIJIT DEY

JUDGEMENT

(1.) Two writ applications, being W.P.S.T. 846/03 and W.P.S.T. 1013/03, have been filed against the judgment and order passed by the West Bengal Administrative Tribunal on September 24, 2003 in O.A. No. 3334/99.

(2.) The first of the two writ applications has been filed by one Subhro Mukherjee, who was the private Respondent before the learned Tribunal. The other writ application has been filed by Shri Abhijit Dey, who was the Applicant before the learned Tribunal and whose application under Sec. 19 of the Administrative Tribunal's Act, 1985 succeeded.

(3.) By the impugned judgment of the learned Tribunal the selection of Shri Subhro Mukherjee, the writ Petitioner in the first writ application was quashed and a direction was given by the learned Tribunal to the Respondents to hold selection test afresh fixing marks for viva voce test as per the norms laid down by the Hon'ble Supreme Court in the case of Ashok @ Sumanna Gowda and Anr. v/s. State of Karnataka : 1992 (1) S.C.C. 28, or as per the norms followed by the West Bengal Public Service Commission or in terms of any recruitment rules that may have been finalised in the meanwhile. The first writ Petitioner was naturally aggrieved by the judgment of the learned Tribunal quashing his selection. The second writ Petitioner, whose application succeeded was also aggrieved by the direction given by the learned Tribunal to hold the selection process afresh since according to him and relying upon the decision of the Hon'ble Supreme Court in the case of Ashok Kumar Yadav and Ors. v/s. State of Haryana and Ors. : 1985 (4) S.C.C. 417 contended that he ought to have been given appointment in place of Subhro Mukherjee whose appointment should have been individually quashed without the entire selection process being interfered with.