Minhaj Uddin Molla vs Ar State Of West Bengal & Ors
2023 Latest Caselaw 5027 Cal

08      14.8.2023                       MAT 96 of 2017
Ct-08                                           with
                            I.A No. CAN 1 of 2017(Old CAN No. 824 of 2017)

                                        Minhaj Uddin Molla
                                                Vs.
ar                                  State of West Bengal & Ors.


                       Mr. Ekramul Bari
                       Sk. Imtiaj Uddin
                                               ... For the Appellant



                       1.

We have heard the learned counsel

appearing for the appellant. We have considered

the judgment impugned.

2. It appears that the School Service

Commission has acknowledged that

appointments given to three different persons

were done wrongly and in violation of regulation.

The petitioner is similarly situated and

circumstanced as that of those three persons.

We are in agreement with the observation made

by the learned Single Judge that since the three

persons were given appointment wrongly, the

petitioner cannot be considered for such

appointment on the ground of negative equality.

It is well established that the equality clause

enshrined in Article 14 of the Constitution is a

positive concept and cannot be applied in the

negative. (Mangalam Organics Ltd. Vs. Union

of India (UOI) reported in 2017 (7) SCC 221)

3. On such consideration, the appeal being

MAT 96 of 2017 is accordingly dismissed.

15. In view of dismissal of the appeal

nothing remains to be decided in the application

for stay being CAN 824 of 2017 and the same is

accordingly dismissed.

16. Urgent Photostat certified copy of this

order, if applied for, be given to the parties on

usual undertaking.

(Uday Kumar, J.) (Soumen Sen, J.)