ASIS KUMAR MAITY Vs. STATE OF WEST BENGAL
LAWS(CAL)-1994-12-12
HIGH COURT OF CALCUTTA
Decided on December 21,1994

ASIS KUMAR MAITY Appellant
VERSUS
STATE OF WEST BENGAL Respondents


Referred Judgements :-

INDIRA SAWHNEY V. UNION OF INDIA [REFERRED TO]
A V. B [REFERRED TO]
A V. B [REFERRED TO]
PREETANJALI SINGH V. STATE OF BIHAR [REFERRED TO]
STATE OF MADRAS VS. CHAMPAKAM DORAIRAJAN [REFERRED TO]
B S VADERA G S CHAGGAR VS. UNION OF INDIA [REFERRED TO]
INCOME TAX OFFICER ALLEPPY VS. M C PONNOOSE [REFERRED TO]
STATE OF ANDHRA PRADESH VS. LAVUNARENDRANATHI [REFERRED TO]
MAJOR N C SINGHAL VS. DIRECTOR GENERAL ARMED FORGES MEDICAL SERVICES NEW DELHI [REFERRED TO]
STATE OF KERALA VS. N M THOMAS [REFERRED TO]
RAMANA DAYARAM SHETTY VS. INTERNATIONAL AIRPORT AUTHORITY OF INDIA [REFERRED TO]
JAGADISH SARAN VS. UNION OF INDIA [REFERRED TO]
CHARLES K SKARIA STATE OF KERALA VS. C MATHEW:K U GOPALAKRISHNAN [REFERRED TO]
STATE OF MADHYA PRADESH VS. KUMARI NIVEDITA JAIN [REFERRED TO]
STATE OF MAHARASHTRA VS. RAJ KUMAR [REFERRED TO]
PRADEEP JAIN MISS REITA NIRANKARI MEENAKSHI ALKA AGGARWAL SHALINI VS. UNION OF INDIA [REFERRED TO]
SURENDRA KUMAR VS. STATE OF BIHAR [REFERRED TO]
K C VASANTH KUMAR VS. STATE OF KARNATAKA [REFERRED TO]
STATE OF BIHAR VS. DRSANJAY KUMAR SINHA [REFERRED TO]
MARRICHANDRASHEKHARRAO VS. DEAN GETH G S MEDICAL COLLEGE [REFERRED TO]
APARNA SHRIKANT BHAYE VS. STATE OF MAHARASHTRA [REFERRED TO]
CHAIRMAN DIRECTOR COMBINED ENTRANCE EXAMINATION CEE 1990 VS. OSIRIS DAS [REFERRED TO]
COMPTROLLER AND AUDITOR GENERAL OF INDIA VS. MOHAN LAL MEHROTRA [REFERRED TO]
SNEHELATA PATNAIK VS. STATE OF ORISSA [REFERRED TO]
MOHINI JAIN VS. STATE OF KARNATAKA [REFERRED TO]
INDRA SAWHNEY VS. UNION OF INDIA [REFERRED TO]
STATE OF PUNJAB VS. RENUKA SINGLA [REFERRED TO]
AJAY KUMAR SINGH VS. STATE OF BIHAR [REFERRED TO]
STATE OF UTTAR PRADESH VS. RAMONAPERHARKM [REFERRED TO]
ASGARALIKHAN VS. STATE OF BIHAR [REFERRED TO]


JUDGEMENT

SATYABRATA SINHA, J. - (1.)All the aforementioned three appeals being interrelated were heard out together and are being disposed of by this common judgment.
(2.)Asis Kumar Maity and others preferred an appeal against a judgment and order passed by Bijitendra Mohan Mitra, J., dated 8-6-94, whereby and whereunder the learned Judge held that the policy-decision of the State of West Bengal in relation to reservation of seats for admission in Medical and Engineering candidates (Colleges) for scheduled castes and scheduled tribes candidates, as contained in the order dated 30-5-92 were valid. The State of West Bengal has preferred an appeal against the judgment and order dated 24-6-93 passed by D. K. Basu J., whereby and whereunder the said learned Judge allowed the writ-petitioners to file a supplementary affidavit affirmed on 21-6-93. However, during the hearing of the said appeal, the learned Counsel for the parties agreed that keeping in view the fact that this Bench is in seisin of the appeal in the matter of Asis Maity and others, the entire writ applications filed by the respondents, Jayanta Kumar Das and others be also heard. Phani Bhusan Pathak and others, who are the officers of the State of West Bengal preferred the Appeal No. 456 of 1993 as against the various interim orders passed by D. K. Basu, J. in the contempt matter arising out of the Matter No. 2890 of 1992.
(3.)The fact of the matters lies in a very narrow compass. The State of West Bengal issued an advertisements calling for applications for appearance from the candidates at the Joint Entrance Examination; pursuant whereof the writ-petitioners applied. The petitioners, Jayanta Kumar Das and others applied in the year 1992 whereas Asis Maity and others applied in the year 1993. From the admit card issued to the candidates in the year 1992 it would appear that 15% seats were to be reserved for scheduled caste candidates, and 5% seats were to be reserved for scheduled tribe candidates. By reason of a Notification dated 30-5-92, 22% seats have been reserved for the scheduled caste candidates and 6% for scheduled tribe candidates. The said Notification is contained in Annexure 'D' to the writ-petition in Matter No. 4814 of 1993.


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