No interference is warranted in an intra-court mandamus appeal unless there is palpable infirmity in the impugned judgment

Calcutta High Court: Biswanath Somadder, J. speaking for the Court comprising of himself and Arindam Mukherjee, J. dismissed an appeal challenging the judgment of the learned Single Judge who had dismissed the writ petition filed before him by the appellant.

The appellant had filed a writ petition before the learned Single Judge, who dismissed the petition on grounds of suppression of facts on the part of the writ petitioner (appellant). Admittedly, the petitioner had earlier obtained an interim order for age relaxation in the selection process, based on same pleas. The learned Single Judge was pleased to note the fact that a candidate was entitled to age relaxation only once. And such opportunity had been already availed of by the petitioner in 2015. Aggrieved by the dismissal of his petition, the appellant approached the High Court.

The High Court perused the record and observed that the Single Judge rightly found the appellant guilty of suppression of facts as relevant facts were not pleaded by the appellant. The Court categorically observed, in an intra-court appeal, no interference is usually warranted unless the impugned judgment suffers from palpable infirmities or perversities. The Court held that on a plain reading of the judgment, no such perversity was deductible, rather it was rendered with cogent and justifiable reasons. In such circumstances, the appeal was dismissed. [Panchanan Bera v. State of W.B.,2018 SCC OnLine Cal 3468, dated 13-06-2018]

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