LAWS(CAL)-2017-4-60

UNIVERSITY OF BURDWAN Vs. NIRVIK BANERJEE

Decided On April 10, 2017
UNIVERSITY OF BURDWAN Appellant
V/S
Nirvik Banerjee Respondents

JUDGEMENT

(1.) All these three appeals are directed against judgment dated September 1, 2014 passed in W.P. No.16421 (W) of 2011. By virtue of the impugned judgment the learned Single Judge directed the University of Burdwan to consider the names of the respondent of the appeal bearing FMA No.2736 of 2015 on the basis of their position in the panel in respect of the fifteen vacancies in the post of Junior Assistants which had arisen between February 10, 2009 and November 8, 2011. There was further direction that in the event there were other candidates from the panel who had approached the Court for the same or similar relief, the University should ascertain from them whether they want their cases to be considered in the manner directed in the impugned judgment or not and in the event such individuals agreed to be considered in the above terms, then their cases should also be considered in the same manner, otherwise it should be open to the University and such candidates to prosecute their respective claims in such litigations, if there was any.

(2.) The appeal bearing FMA No.2736 of 2015 was preferred by the University of Burdwan. The appeals bearing FMA No.3569 of 2015 and FMA No.3570 of 2015 were preferred against the impugned judgment by the candidates whose names had been appearing in the panel in question above the respondents of FMA No.2736 of 2015 but who were not made parties to the writ application bearing W.P. No.15421 (W) of 2011. The appeals bearing FMA No.3569 of 2015 and FMA No.3570 of 2015 was admitted upon consideration of their application praying for leave to prefer the aforesaid appeals.

(3.) The backdrop of the matter, in a nutshell, is as under:-