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HARISH TANDON, PRASENJIT BISWAS
West Bengal Central School Service Commission – Appellant
Versus
Ujjal Mondal – Respondent
JUDGMENT :
HARISH TANDON, J.
1. The dispute pertains to the decision of the West Bengal Central Schools Service Commission in re-evaluating the answer scripts under the pretext of the scrutiny in terms of the resolution taken by the Committee constituted by the said Commission on 31st December, 2009. Before we proceed to decide the points urged in the writ petition as well as in the instant mandamus appeal, it would be relevant to narrate the undisputed facts emerged from the respective pleadings of the parties and the submissions made thereupon.
2. The Education Department of the State of West Bengal published the notification dated 28.12.2011 notifying the vacancies to the post of an Assistant Teacher in several secondary schools in the respective Districts all over the State of West Bengal. The said recruitment process is commonly known as the 12th Regional Level Selection Test and a brochure was also published containing an exhaustive information relating to the manner, procedure and the scope of the selection of the person to such post in terms of the provision contained in West Bengal School Service Commission (Selection of persons for appointment to the Post of a Teacher) Rules
The court established that any resolution or directive inconsistent with statutory recruitment rules is invalid and beyond jurisdiction.
The main legal point established in the judgment is the court's power to intervene in cases of illegal, mala fide, or arbitrary exercise of power and discretion by State authorities, and to grant equ....
The main legal point established in the judgment is the court's intervention to correct the illegal and arbitrary alteration of marks in the answer scripts, ensuring the petitioner's entitlement to r....
Writ petition rendered infructuous as original reliefs were satisfied; candidates cannot claim reevaluation without statutory provision, given the evaluation's integrity is preserved unless manifest ....
The court upheld the Commission’s authority to conduct a second written examination to rectify previous evaluation errors, affirming the necessity for fair recruitment practices.
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