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HARISH TANDON, PRASENJIT BISWAS
Secretary, West Bengal Board of Primary Education – Appellant
Versus
Soma Saha Biswas – Respondent
JUDGMENT :
Prasenjit Biswas, J.
1. The order dated 09.10.2023 passed by the Learned Single Bench of this Court in connection with WPA 12690 of 2023 is assailed in this appeal.
2. By passing the impugned order learned Single Judge directed the Deputy Secretary of the West Bengal Board of Primary Education to consider the respondent/writ petitioner as an OBC-B category candidate and declare her as a pass candidate in TET 2022 examination since her score is 84 which are sufficient for the reserved category candidates.
3. Being aggrieved and dissatisfied with the said impugned order passed by the learned Single Bench the present appellant has preferred this instant appeal.
4. In pursuance of a notification being no. 1572/WBBPE/2022 dated 29th September, 2022 for TET-2022 the respondent no. 1/writ petitioner filled in the form as a General Category candidate and obtained admit card with roll number. The private respondent applied for getting OBC certificate on 26th August, 2021 and the same was issued by the Sub-Divisional Officer, Ranaghat Sub-Division on 15th September, 2022 and she got the hard copy of the certificate on 29th November, 2023 which obviously after filling up the form of TET
OBC status exists by birth; post-cut-off caste certificate merely affirms pre-existing fact and cannot disqualify eligible candidate for reservation benefits, particularly lifelong residents.
Technical errors in OMR form do not disqualify candidate possessing alternative prescribed qualifications, verified documents, admit card, and superior merit; binding precedents mandate consideration....
Selected reserved category candidate qualifying written exam and producing valid category certificate at document verification cannot be denied appointment for expired certificate at application cut-....
Validity of OBC certificate, importance of caste certificates bearing the name of the parent, and inapplicability of reservation benefits through marriage
The requirement of a caste certificate bearing the name of the parent to verify the actual caste of the candidate at the time of birth is essential for claiming reservation benefits.
Delayed submission of OBC certificate shall not disentitle a candidate from consideration for employment under the OBC category, emphasizing the purpose of the certificate and the objective of reserv....
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