ARUN CHETTRI Vs. STATE OF SIKKIM
LAWS(SIK)-2020-8-3
HIGH COURT OF SIKKIM
Decided on August 26,2020

Arun Chettri Appellant
VERSUS
STATE OF SIKKIM Respondents

JUDGEMENT

BHASKAR RAJ PRADHAN,J. - (1.)An application under Order I Rule 10(2) of the Code of Civil Procedure, 1908 (CPC) has been preferred by the respondent no.6 seeking a direction to strike out his name from the array of parties in WP(C) No. 12 of 2018.
(2.)It is the contention of the respondent no.6 that after he was successful in the competitive examination and interview, he had been appointed to the post of Assistant Engineer (Civil) vide office memorandum dated 31.01.2019. However, during the pendency of the writ petition, he has since resigned from the post of Under Secretary, Commerce and Industry Department, which was accepted by the Government of Sikkim vide office order no. 5799/G/DOP dated 16.02.2019. Thus, it is contended that with the acceptance of the resignation the contention challenging the appointment and holding of the office has ceased to exist as against him.
(3.)In his reply, the petitioner contends that the writ petition seeks cancellation of OBC (SL) certificate issued to the respondent no.6, as well as the cancellation of the appointment based on the said certificate and as such, merely because of the resignation, the name of the respondent no.6 cannot be deleted from the array of parties as he is a necessary party.
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