Talukdar, J. - (1.) IT is now also well settled that a Court of Appeal should not ordinarily interfere with the discretion exercised by the Courts below." Sinha, J. speaking for the Bench in Majunath Anandappa urfShivappa Hanasi v. Tamanasa and Ors., (2003)10 SCC 390 in Paragraph 36 quoted to the above extent after referring to its earlier decision in U. P. Coop. Federation Ltd. v. Sunder Bros, reported in AIR 1967 SC 249, wherein Paragraph 8 it had been held : "........In dealing with the matter raised before it at the appellate stage the appellate Court would normally not be justified in interfering with the exercise of the discretion under appeal solely on the ground that if it had considered the matter at the trial stage it may have come to a contrary conclusion........."
(2.) IN the twilight zone of the same, we will be required to appreciate the verdict of the Hon'ble trial Court returned in W.P. No. 2093(W) of 2009 on 08/04/2010 and see as to whether the same can pass the touchstone of the aforesaid guidelines. His Lordship in the impugned Order referred to above, made a purposive construction of Rule 14 of the Primary Teachers Recruitment Rule, 2001 on the anvil of Article 14 of the Constitution of India and though the period of minority of an eligible heir has to be excluded in computing the time from the date of death by resorting to the provisions of Section 6(1) of the Limitation Act, 1963 and directed the respondent No.4 to issue appointment in favour of the Appellant. This has been brought under the scanner of our extended Judicial Review in this Mandamus Appeal at the discretion of the State.
(3.) FOR a better appreciation of the Appeal we would outline the respective submissions made at the Bar and see as to whether the views expressed by the Court of First Instance can be sustained. Shri Tulsidas Maiti appearing in support of the Appellant (State of West Bengal) submitted before us that reference made by Hon'ble trial Court to the provisions of Limitation Act, was inappropriate as the same can only have application in a Judicial proceeding and not otherwise.;