West Bengal Board Of Primary Education vs. Basir Ahmed
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Order Issued After Hearing
Purpose:
FRESH
Before:
Hon'ble Indira Banerjee, Hon'ble Hon'Ble The Chief Justice
Stage:
FRESH (FOR ADMISSION) - CIVIL CASES
Remarks:
Dismissed
Listed On:
16 Sept 2019
In:
Judge
Category:
UNKNOWN
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Order Text
ITEM NO.17
COURT NO. $15$
SECTION XVI
SUPREME COURT OF INDIA RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 21578/2019
(Arising out of impugned final judgment and order dated 13-08-2019 in CAN No. 7471/2019 passed by the High Court at Calcutta)
WEST BENGAL BOARD OF PRIMARY EDUCATION & ANR. Petitioner(s)
VERSUS
BASIR AHMED & ORS.
Respondent $(s)$
(FOR ADMISSION and I.R. and IA No.137111/2019-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.137115/2019-EXEMPTION FROM FILING O.T. and IA No.138846/2019-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES )
Date: 16-09-2019 This petition was called on for hearing today.
CORAM:
HON'BLE MS. JUSTICE INDIRA BANERJEE HON'BLE MR. JUSTICE B.R. GAVAI
For Petitioner(s)
Mr. Kunal Chatterji, AOR Ms. Maitravee Baneriee, Adv. Mr. Saurav Gupta, Adv. Supratik Sarkar, Adv.
For Respondent(s)
Mr. Bikash Ranjan Bhattacharyya, Sr. Adv. Mr. Rauf Rahim, AOR Mr. Bikram Baneriee, Adv. Sudipta Dasgupta, Adv.
Mrs. Sarla Chandra, AOR
UPON hearing the counsel the Court made the following $0 R D E R$
The Special Leave Petition is directed against an order dated August 2019 passed by a Division Bench of the Calcutta High Court dismissing the application in C.A.N No. 7471/2019 $\mathbf{f}$ or clarification of an earlier order dated 26 June 2019 so that the
said order is not construed to permit appointments to be made, whether in compliance of the impugned order of the Single Bench dated 3 October 2018 or otherwise.
The Division Bench observed that it is a well settled principle of law that mere pendency of an appeal does not operate as a stay and the Supreme Court also while directing that the writ petition be heard along with the appeal did not grant any stay of operation of the impugned judgment and order.
The Division Bench found that the reliefs claimed by the applicants in the aforesaid application were not sustainable and dismissed the said application reiterating that any step taken by any authority would abide by the final result of the writ petition.
We find no grounds at all to interfere with the order of the Division Bench.
The Special Leave Petition is dismissed.
Pending application(s), if any, shall stand disposed of.
(MANISH SETHI) (BEENA JOLLY) COURT MASTER (SH) COURT MASTER