- (1.) ". . . . . . . . . . . we pass this direction to the State Respondent to find ways and means to accommodate the Petitioner by giving him the appointment as per eligibility provided that there is existing vacancy in the concerned department and in the matter of such appointment the age will not be treated as a bar" The aforesaid order passed by the learned West Bengal administrative Tribunal in O. A. No. 1468 of 2002 on 08/02/2007 has been brought under the scanner of Judicial Review at the instance of the State of west Bengal, which feels that in the event the respondent is permitted to be employed, it will open a flood gate to the other candidates similarly situated and have been left out.
(2.) SHRI Prasenjit Basu, the learned Senior Government Advocate with Shri Bodhayan Bhattacharya, for the State of West Bengal appearing in support of the Application has submitted that the aforesaid order passed by the learned West Bengal Administrative Tribunal is per se an illegal order.
(3.) ACCORDING to Shri Basu, learned Senior Government Advocate simply, enlistment of a person's name in the Panel does not offer him an indefeasible right in his favour.;