ASHA ARORA,J. - (1.) Re : CAN No. 10110 of 2017 (Application for stay) in F.M.A. 1615 of 2018 An objection to the maintainability of this intra-court writ appeal (FMA 1615 of 2018) has been raised by Mr. Gupta, learned senior advocate representing the writ petitioner/respondent on the ground that the "Vakalatnama" annexed to the memorandum of appeal has been executed by the Chairman-in-Charge, District Primary School Council, North 24-Parganas (hereafter the council) and hence, this appeal cannot be regarded to have been presented by the State, the Secretary to the School Education Department, Government of West Bengal, the Commissioner of School Education, West Bengal and the Deputy Commissioner of School Education, West Bengal.
(2.) We find no reason to entertain the objection, in the light of the decision of the Supreme Court in Uday Shankar Triyar v. Ram Kalewar Prasad Singh, reported in (2006) 1 SCC 75 . It has been held there in paragraph 15 that if a defective memorandum of appeal is accepted by the office which does not point out such defect, the appeal, so accepted, cannot be rejected at the hearing.
(3.) Applying the law laid down in such decision, we hold that the omission on the part of the aforesaid 4 (four) officers to sign the vokalatnama is such a defect that would invalidate the memorandum of appeal. Since such omission or defect is deliberate and, also that such omission is one relatable to procedure, it can subsequently be corrected. Whether all the appellants had the knowledge of the appeal being presented and would continue to press the appeal as appellants can be ascertained if the appellants are granted liberty to take care of the omission or defect by filing of a fresh vokalatnama.;