- (1.) The following question has been referred to this Bench for decision by the Hon'ble Chief Justice at the instance of a learned single Judge : Is it not open to a Judge, in exceptional circumstances upon putting the parties on notice and after recording reasons, to correct an inadvertent mistake which he realizes he had committed while dictating an order in open Court by recalling the order so dictated before it is signed and thereafter to hear the parties afresh?
(2.) The present reference arises under the following circumstances :
(3.) A learned single Judge of this Court (Dipankar Datta, J.) disposed of a writ application under Article 226 of the Constitution of India by dictating an order in open Court on November 11. 2010. By the said order, the District Inspector of School (S.E.) Jalpaiguri, was directed to consider the issue of approval of a panel prepared by the Authority of Jalpaiguri High School for recruitment to a vacant post of clerk therein. The writ petitioner claimed that he secured the first position in the panel. If the approval to the panel were accorded, he would be offered appointment to such post. He was, therefore, eager to have the panel approved.;