Breaking SUPREME COURT REAFFIRMS PUBLIC DOMAIN PROTECTION FOR DIGITAL LAWS
New Delhi · Monday, 21 September 2026 9888666310 | [email protected]
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Supreme Court of India 2017-01-06 allowed

State of West Bengal & Ors vs Tuhin Sultan Mallick & Ors

Bench: 2 — Kurian

In Brief

The State of West Bengal challenged a High Court judgment requiring appointment of six Lower Division Assistant candidates. The Supreme Court clarified that an Administrative Tribunal's finding that candidates are "qualified to be considered" for appointment establishes only eligibility for consideration, not an absolute right to appointment. Since the candidates' turn in the merit rotation had not yet arisen before vacancies were filled, no appointment could be directed. The Court allowed the appeal and set aside the High Court's judgment, holding that no scope for appointment existed under the circumstances.

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