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july 2008

Supreme Court of India · 2008-07-31

STATE OF WEST BENGAL vs BRAHMO SAMAJ EDUCATION SOCIETY .

Citation / case number
SC 2004/18033
Court
Supreme Court of India
Petitioner
STATE OF WEST BENGAL
Respondent
BRAHMO SAMAJ EDUCATION SOCIETY .
Author
K.G. BALAKRISHNAN,P. SATHASIVAMM. PANCHAL, ,
Bench
K.G. BALAKRISHNAN,P. SATHASIVAM,J.M. PANCHAL, ,

Judgment text excerpt

The Supreme Court reviewed its earlier judgment in Brahmo Samaj Education Society & Ors. Vs. State of West Bengal & Ors., (2004) 6 SCC 224, concerning the West Bengal College Service Commission Act, 1978, which was challenged for violating Articles 19(1)(g) and 19(1)(6) of the Constitution. The Court held that the right to appoint teachers includes the right to choose from NET/SLET-qualified candidates, but acknowledged a need for clarification due to conflicting interpretations with T.M.A.Pai Foundation & Ors. Vs. State of Karnataka & Ors., (2002) 8 SCC 481. The Court ordered the matter to be reheard by a Constitution Bench, allowing the review petitions and maintaining the interim order until further notice.

STATE OF WEST BENGAL vs BRAHMO SAMAJ EDUCATION SOCIETY . · Niyam