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july 2007

Supreme Court of India · 2007-07-12

ASIS KUMAR SAMANTA vs STATE OF WEST BENGAL .

Citation / case number
SC 1999/11421
Court
Supreme Court of India
Petitioner
ASIS KUMAR SAMANTA
Respondent
STATE OF WEST BENGAL .
Author
R.M. LODHA
Bench
DALVEER BHANDARI A.K.MATHUR

Judgment text excerpt

The Supreme Court held that the appointments made in 1982 were not in accordance with Rule 4(1) of the Sikkim State Civil Service Rules, which mandates recruitment through competitive examinations or selection from serving personnel. The Court emphasized that the absence of a Public Service Commission led to an unjust situation where candidates were subjected to tests that were not warranted. The Court directed that the new recruits be treated as having been appointed on the same date as the appellants to rectify the injustice caused by the State's failure to follow its own rules, thereby upholding the respondents' claims.

ASIS KUMAR SAMANTA vs STATE OF WEST BENGAL . · Niyam