Assistant Teacher Recruitment: Calcutta HC Slams State For Unilaterally Reducing Aspirant’s Original Score, Orders Appointment With Retrospective Benefits
Case: Ujjal Mandal Vs. The State of West Bengal & Ors.
Coram: Justice Aniruddha Roy
Case No.: WPA 9253 of 2015
Court Observation: “It is clear that an injustice had infringed the right guaranteed to the petitioner under Article 19 (1)(g) of the Constitution of India. The Fundamental Right of the petitioner stood infringed by an action on the part of the State authorities which was lacking of transparency and smacks of illegal, mala fide and arbitrary exercise of power and discretion vested with it,”
“Slightest illegality, unfairness, mala fide and arbitrary exercise of its authority by the State should be construed to be as an intolerable Act on the part of the State, if it infringes a fundamental right of a citizen. The primary duty of a constitutional court exercising power and jurisdiction under article 226 of the Constitution of India is to correct any error or illegality or mala fide and any arbitrary act committed by the state authority and in such regard it can be safely be said that, the constitutional court does so in exercise of its overwhelming plenary powers.”
“The reliefs granted by a constitutional court in exercise of its high prerogative writ jurisdiction under Article 226 of the constitution is equitable in nature. The writ court shall exercise such equitable jurisdiction judiciously, to afford complete justice to the parties.”
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Keywords
Assistant Teacher Recruitment, Orders Appointment With Retrospective Benefits
