JUDGMENT :

(Subrata Talukdar, J.):

1. This batch of appeals primarily arise from two writ petitions being WPA 7907 of 2019 (Ramesh Malik and others vs. the State of West Bengal and others) and WPA 9979 of 2022 (Soumen Nandi Vs. the State of West Bengal and others).

2. Several orders dated the 13th of June 2022, 15th of June 2022, 17th of June 2022, 20th of June 2022 and lastly the 21st of June 2022 as passed by the Hon’ble Single Bench in the aforesaid two writ petitions are under challenge in these appeals.

3. In their respective writ petitions, the writ petitioners, inter alia, claim to be candidates who appeared for the Teachers Eligibility Test, 2014 (for short TET-2014). The writ petitioners have alleged that although they appeared for TET-2014 in 2015, no merit list containing the marks of candidates and indicating their respective inter se merit positions was ever published. The writ petitioners came to know of the further fact that an additional panel of 273 candidates had been prepared by the West Bengal Board of Primary Education (for short the Board). The first panel of the socalled successful TET candidates was published in 2016 and thereafter an additional panel was published on the 4th of December, 2017.

4. The writ petitioners contend that there is no provision in law for the Board to prepare an additional or second panel. The writ petitioners also contend that deep suspicion surrounds the appointments granted to only 269 candidates who were part of the so-called additional panel. The writ petitioners claim that they have reliably learnt of the fact that one additional mark was illegally granted to 273 candidates for the purpose of facilitating their appointments as primary teachers. The writ petitioners question the grant of one additional mark to only 273 candidates out of a total of 23,00,000 (Twenty Three Lakh) candidates who appeared for TET-2014, out of which 1.25 lakhs were declared qualified. It is contended that such appointments lack in transparency and therefore require to be investigated in view of the suspicious circumstances prompting the grant of one additional mark to only 273 candidates without any public announcement for the grant of such additional mark which purportedly resulted in the preparation of the second panel.

5. The Hon’ble Single Bench proceeded to take the proverbial bull by its horns and by a series of orders held as follows:

“13.06.2022

WPA 7907 of 2019,

Ramesh Malik & Ors.

Vs.

The State of West Bengal & Ors.

1. The petitioners have alleged that some persons – names and other particulars of whom have been given in the writ application and in the supplementary affidavit affirmed on 9th June, 2022 filed today before this court - have been given appointment though they have not qualified in TET, 2014. For getting a service in a primary school as a teacher a candidate must have passed in Teacher Eligibility Test (TET in short). The petitioners have further alleged that 23 lacs candidates appeared in TET, 2014 and one panel was published for giving appointment of more or less 42,000 candidates as primary teachers. The petitioners have expressed serious suspicion about the legality and correctness of publication of such panel.

2. By filing the supplementary affidavit as aforesaid it has been submitted that though the panel was published in 2016 a further panel named - additional panel - was published on 04.12.2017 and the document annexed in the supplementary affidavit is only in respect of the said additional panel District Hooghly wherein not only one candidate Supriyo Sarkar who was not a qualified candidate in TET was named in the second panel and got appointment but also other candidates totaling to 68 candidates in the district of Hooghly have been given appointment by publishing the second panel or the additional panel.

3. In reply to a question asked by this court, learned advocate for the West Bengal Board of Primary Education (‘the Board’, for short) has submitted that though there is