This Court is of the considered view at this stage that the first in and first out rule could not have been invoked for rejecting the candidature of the petitioner.: Calcutta High Court

The above was opined by the Calcutta High Court in the case of Nitesh Kharga v. State of West Bengal and Ors. WPO/2799/2022, which was presided over by the Honourable Justice Hiranmoy Bhattacharya on 18th October 2022. 


The petitioner has challenged the decision of the State Transport Authority taken in the meeting held on September 20, 2022, and selected the candidates whose names are appearing under Serial Nos. 1 to 5 by applying the ‘First in & First out’ rule. This is for the selection of the Inter-state Stage Carrier Permits for the route of Siliguri to Gangtok.

Candidates from serial numbers have all applied on the same date and hence the decision made was arbitrary in nature.


The Court was of the opinion that the order should have been stayed till further notice. The Court also said that Petitioner has made out a strong case and the first in the first rule should not have been invoked for the same.

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