HRISHIKESH ROY, PRASHANT KUMAR MISHRA
Ali Hossain Mandal – Appellant
Versus
West Bengal Board Of Primary Education – Respondent
JUDGMENT :
Hrishikesh Roy, J.
1. Heard Mr. Jaideep Gupta and Ms. Meenakshi Arora, learned senior counsel appearing for the appellants. Also heard Mr. Vinay Navare, Dr. Menaka Guruswamy, Mr. Salman Khurshid, Mr. Rauf Rahim and Mr. Dama Seshadri Naidu, learned senior counsel, Ms. Sumedha Halder and Ms. Madhumita Bhattacharjee, learned counsel appearing for the respondents & impleaders.
2. Relevant facts for the sake of convenience are taken from Civil Appeal Nos. 1875-1876 of 2024, filed by the West Bengal Board of Primary Education [hereinafter referred to as ‘Board’].
FACTUAL MATRIX
3. The origin of the dispute lies in the Board’s Notification dated 23.12.2020 for filling up 16,500 vacancies of primary school teachers with a qualification criterion of possessing the minimum NCTE-prescribed training qualification and having qualified the Teacher Eligibility Test 2014 [hereinafter referred to as ‘TET-2014’]. Thereafter, a Merit List for 15,284 candidates was notified on 15.02.2021. Subsequently, two more Merit Lists were published, covering all the 16,500 vacancies that were notified by the Board. As per the West Bengal Primary School Teachers Recruitment Rules, 2016 [hereinafter referr
State of Orissa & Anr. v. Raj Kishore Nanda & Ors.
Girdhar Kumar Dadhich v. State of Rajasthan
State of Bihar v. Mohd. Kalimuddin
Dinesh Kumar Kashyap & Ors. v. South East Central Railway & Ors.
Appointment – A Panel or a Merit List cannot be treated as if it exists in perpetuity, which will facilitate making appointments as and when required – Even when vacancies are notified and adequate n....
The main legal point established in the judgment is the right of the petitioners to be considered for appointment, the obligation of the employer to publish the panels, and the impact of pending cour....
Selection boards have discretion to prepare waiting lists up to 25% of vacancies, not mandated to reach exactly that number, ensuring reasonable timelines for the recruitment process.
The expiration of a select list due to inaction and erroneous decision of the authorities cannot deprive a selected candidate of appointment.
The court emphasized the obligation to maintain a Reserve Panel for timely appointments, asserting candidates have a legitimate expectation to be considered for unfilled vacancies, as mandated by ear....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.