[Recruitment Scam] Can SSC Defend Cause Of 'Tainted Candidates' Who Were Barred From Re-Applying? Calcutta High Court Asks State

"Can the school service commission defend the cause of candidates who were labelled as tainted by the Supreme Court in the recruitment scam?" the Calcutta High Court asked recently.A division bench of Justices Soumen Sen and Smita Das De was hearing an appeal against a single bench order which had debarred tainted candidates from reapplying under the fresh recruitment process, in line with...

Issues Of Misjoinder Of Parties & Incorporation By Reference Fall Within Purview Of Arbitral Tribunal: Calcutta High Court

The Calcutta High Court Bench of Justice Shampa Sarkar, while allowing an application for appointment of arbitrator has observed that the issues of misjoinder/non-joinder of parties and whether the arbitration clause contained in the principal agreement was incorporated by reference in a subsequent agreement by the successors-in- interest would fall within the domain of the...

West Bengal Govt Challenges Single-Judge Order Debarring “Tainted” Candidates From Reapplying For Fresh Recruitment

The State of West Bengal has approached the Calcutta High Court challenging a single bench order which held that tainted candidates in the SSC Recruitment scam would not be allowed to re-apply for the fresh recruitment process, as held by the Supreme Court. The appeal was moved before a division bench of Justices Soumen Sen and Smita Das De.The single bench noted that according to an...

Appeal On Service Classification Under 'Insurance Auxiliary Service' Not Maintainable Before High Court: Calcutta High Court

The Calcutta High Court stated that an appeal on service classification under 'insurance auxiliary service' not maintainable before the High Court. Chief Justice T.S. Sivagnanam and Justice Chaitali Chatterjee (Das) was addressing the appeal filed by the department/appellant under Section 35G of the Central Excise Act, 1944 read with section 83 of the Finance Act, 1994 challenging...

[Cash-For-Jobs Scam] Calcutta High Court Debars 'Tainted Candidates' From Participating In Fresh Recruitment Process

The Calcutta High Court has debarred 'tainted' candidates whose jobs were cancelled by the Supreme Court from participating in the fresh SSC recruitment process in light of the cash for jobs recruitment scam.Justice Saugata Bhattacharya held: "In view of aforesaid discussion, respondent authorities including WBCSSC are directed to proceed with the selection process which started vide...

[Recruitment Scam] Amounts To Double Punishment, Jobs & Salary Already Lost: State Tells Calcutta HC Over Tainted Candidates' Eligibility To Take Re-Test

The State of West Bengal has told the Calcutta High Court that disallowing 'tainted' candidates in the recruitment scam from re-taking the TET exam would result in double punishment after their jobs and salaries had already been taken away by the Supreme Court's order.Senior Advocate Kalyan Bandopadhyay told a bench of Justice Saugata Bhattacharaya that the Supreme Court order did not...

Calcutta High Court Monthly Digest: June 2025

NOMINAL INDEXThe State of West Bengal Vs. Susanta Chowdhury Citation: 2025 LiveLaw (Cal) 125Sudhar Mangar Vs The State of West Bengal Citation: 2025 LiveLaw (Cal) 126M/S. CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LIMITED Versus SUJAN SEIKH Citation: 2025 LiveLaw (Cal) 128Midnapur District Service cum Marketing & Industrial Cooperative Union Ltd. Vs. The State of West Bengal &...

Arbitration Can Be Initiated Over Termination Of Employee Contract Containing Both Dispute Resolution & Termination Clause : Calcutta High Court

The Calcutta High Court Bench of Justice Shampa Sarkar while allowing an application for appointment of arbitrator has observed that where an employee has been terminated in terms of an employment contract which contains both Dispute Resolution clause and Termination clause, if it is not a case of termination simpliciter, then the dispute shall be referred to arbitration in terms of...

When Parties Cannot Agree Upon Rules Governing Arbitration, Independent Clause Conferring Exclusive Jurisdiction Prevails: Calcutta High Court

The Calcutta High Court bench of Justice Shampa Sarkar, while hearing a section 11 petition, observed that Courts at Durgapur would have the exclusive jurisdiction over the arbitral proceeding vide Clause 46.2.4 of the GCC, as the parties could not agree upon the rules of arbitration governing the proceedings as provided under Clause 46.2.5. Factual Matrix: The Respondent No....

Diploma Holder Paid Excess Salary Of Degree Holder Due To Administrative Error, Calcutta HC Denies Recovery After 18 Years

The Calcutta High Court bench comprising Justice Smita Das De held that recovery of excess salary paid due to administrative error, without any fraud or misrepresentation by the employee is impermissible, especially after a long lapse of time. Background Facts An advertisement was published by the West Bengal Central School Service Commission on 01.11.1999. It was...

Order Passed By Bench Not Conferred With Determination By Roster Is A Nullity: Calcutta High Court

The Calcutta High Court has held that orders passed by a bench which has not been conferred with that particular determination by virtue of the roster decided by the Chief Justice would lack jurisdiction and be a nullity in the eyes of the law.In answering a reference, the full bench of Justices Debangsu Basak, Shampa Sarkar and Hiranmay Bhattacharya held:The reference is answered by...

Kolkata Law College Rape Case : Calcutta High Court Orders Closure Of Student Union Rooms In All State Colleges Till Elections

The Calcutta High Court has ordered all union rooms across state-run colleges to be indefinitely shut down till student elections are held in the state.A division bench of Justices Soumen Sen and Smita Das De passed these orders in light of the alleged gang rape of a law student at South Kolkata Law College by her fellow students and a fomer student & contractual staff at the...