Ashis Kr Banerjee v. University Of Burdwan Rajbati & ORS

06.07.2023 SL No.7 Court No.8 (gc) MAT 252 of 2017 CAN 2015 of 2017 CAN 2016 of 2017 Ashis Kumar Banerjee Vs.

University of Burdwan Rajbati & Ors.

Mr. Partha Sarathi Bhattacharyya, Sr. Adv., Ms. Gargi Goswami, ...for the Appellant.

Mr. Achintya Kr. Banerjee, Mr. Raghunath Chakraborty, Mr. Mehboob Ahmed, ...for the University.

Re: CAN 2016 of 2017 This is an application for condonation of delay. There is a delay of 166 days in filing the memorandum of appeal. Sufficient cause being shown for not being able to file the memorandum of appeal within the period of limitation. The delay of 166 days in filing the memorandum of appeal is condoned.

Accordingly, the application for condonation of delay is allowed and disposed of.

Re: MAT 252 of 2017 CAN 2015 of 2017 In view of the admitted position that at the time when the appellant was appointed he was not major which is corroborated from the documents disclosed in the supplementary affidavit, we are of

the view that the learned Single Judge was justified in dismissing the writ petition.

Accordingly, the appeal and the application stand dismissed.

However, there shall be no order as to costs. Urgent Photostat certified copy of this order, if applied for, be given to the parties on usual undertaking.

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