Moutusi Roy vs. The State Of West Bengal

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

1

Petition(s) for Special Leave to Appeal (C) Nos.8556-8557/2022

(Arising out of impugned final judgment and order dated 23-12-2021 in FMA No.1091/2012 23-12-2021 in FMA No.1093/2012 passed by the High Court at Calcutta)

MOUTUSI ROY Petitioner(s)

VERSUS

THE STATE OF WEST BENGAL & ORS. Respondent(s)

(FOR I.R.)

Date : 29-07-2022 These petitions were called on for hearing today.

CORAM :

HON'BLE DR. JUSTICE D.Y. CHANDRACHUD HON'BLE MR. JUSTICE J.B. PARDIWALA

For Petitioner(s)

Mr. Vikrant Pachnanda, AOR

For Respondent(s)

UPON hearing the counsel the Court made the following O R D E R

1 Counsel appearing on behalf of the petitioner submits that the sixth respondent had instituted Writ Petition (Civil) 30072 (W) of 2008 in the High Court at Calcutta seeking to challenge the eligibility of the petitioner for Digitally signed by appointment. The writ petition was dismissed for non-prosecution on 6 Chetan Kumar

ITEM NO.6 COURT NO.3 SECTION XVI

October 2010 on the statement of counsel for the sixth respondent that the sixth respondent was not willing to proceed with the writ petition any further.

• 2 Hence, it has been submitted that a fresh writ petition could not have been filed after the approval to the appointment of the petitioner. The petitioner who joined service on 10 December 2021 has been ousted as a result of the order of the High Court on the ground that she had not completed eighteen years of age as on 1 January 2008.
• 3 Issue notice, returnable in eight weeks.
• 4 Counter affidavit shall be filed within a period of four weeks from the date of service.
• 5 List the Special Leave Petitions 26 September 2022.

(CHETAN KUMAR) (SAROJ KUMARI GAUR) A.R.-cum-P.S. Court Master