MANISHANKAR GARANG Vs. SK NAFIS ALI & ORS

JUDGEMENT

(1.) By consent of the parties, the appeal is treated as on day's list and taken up for consideration along with the application for stay.

(2.) The instant appeal has been preferred against a judgment and order dated 22nd November, 2016, passed by the learned Single Judge in WP 2073 (W) of 2016 (Dr. Sk. Nafis Ali vs. The State of West Bengal & Ors.). The appellant before us was the private respondent no.15 in the writ proceeding.

(3.) One Dr. Sk. Nafis Ali, being the respondent no.1 herein, moved a writ Court challenging the selection of the private respondent no.15 for the post of Homoeopathic Medical Officer to be appointed on a part-time contractual basis at Nawabpur Gram Panchayat situated in the district of Hooghly. During the course of hearing of the writ petition, a report from the Pradhan of the concerned Gram Panchayat was called for. The Pradhan stated that the respondent no.15 had qualification. The learned Single Judge while considering the rest of the report in the form of an affidavit observed in the impugned judgment and order to the effect that the other part of the affidavit revealed a sordid state of affairs. The learned Single Judge has recorded the following in his impugned judgment and order:-