Nabin Bera And ANR. v. Arunima Paul And ORS.

11.07.2025 Sl No.4 Court No.8 (gc) MAT 1023 of 2025 CAN 1 of 2025 CAN 2 of 2025 Nabin Bera & Anr.

Vs.

Arunima Paul & Ors.

Mr. Anindya Lahiri, Sr. Adv., Mr. Anish Chakraborty, Mr. Subhomoy Paul ...for the Appellants.

Mr. Bikash Ranjan Bhattacharyya, Sr. Adv., Mr. Firdous Samim, Ms. Gopa Biswas, Ms. Payel Shome, Mr. Mainak Ghoshal, ...for the Respondents/Writ Petitioners.

Mr. Sirsanya Bandopadhyay, Sr. S.C., Mr. Vivekananda Bose, Mr. Sandip Das Gupta, Mr. Debayan Sen, Ms. Mahima Cholera, Ms. Sumita Shaw, Mr. Niket Ojha ...for the State.

Mr. Biswarup Bhattacharya, Mr. Arka Kumar Nag, Mr. Rahul Kumar Singh ...for the W.B.C.S.S.C.

Mrs. Koyeli Bhattacharyya ...for the W.B.B.S.E.

1.

The points raised in the appeal are in apprehension of the applications of the petitioners being likely to be rejected by the Commission. It is submitted that they are untainted candidates.

2.

If they are untainted candidates, paragraph 49 of the judgment of the Hon'ble Supreme Court

has given them adequate protection. Moreover as on date, the applications of the present appellants have not been rejected by the Board. 3.

Under such circumstances, it cannot be said that the petitioners are the persons aggrieved for which the appellants would be entitled to pray for leave to prefer an appeal against the impugned order. Hence, the application for leave to prefer an appeal, being CAN 1 of 2025, is rejected.

4.

Accordingly, the appeal and the connected application are dismissed.

5.

The application is premature. However, in the event the applications of the appellants are rejected by the Board, the dismissal of the petition would not prevent them from challenging such action in accordance with law.

6.

However, there shall be no order as to costs. 7.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all necessary formalities.

(Soumen Sen, J.) (Smita Das De, J.)