IMPORTANT POINT
A candidate must possess the relevant category certificate by the cutoff date to claim reservation benefits in competitive examinations.

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 examination. As the petitioner did not get the OBC Certificate she had to put herself in the General Category instead of OBC-B category. The petitioner/private respondent participated in the written examination and obtained 84 marks out of 150 marks. As per NCTE guidelines and notification dated 29.09.2022 the qualifying marks for the general category is 60% and OBC is 55% and accordingly this petitioner did not succeed in the said examination. The matter was taken to this Court at the behest of the private respondent/petitioner by filing a writ petition being no. WPA 12690 of 2023 which was disposed of by the learned Single Bench of this Court by passing the impugned order. The prayer of the writ petitioner was that she should be declared as a pass candidate in TET-2022 examination since her score is 84 which are sufficient for the reserved category candidates.

5. Mr. Subir Sanyal, learned Senior Counsel appearing on behalf of the appellant/board submits that the petitioner/private respondent is a B.Ed qualified candidate and not a D.EL.Ed qualified candidate. The notification dated 22nd September, 2022 issued by the West Bengal Board of Primary Education says that B.Ed qualified candidate was also eligible to apply and sit for TET-2022 examination but subsequently vide notification dated 7th November, 2022 in continuation of the notification dated 29th September, 2022 and in compliance with the order passed by this Court dated 18th October, 2022 in WPA No. 23202 of 2022 it was notified that the steps to be taken in terms of notification dated 29th September, 2022 and shall abide by the result of SLP(C) 20743 of 2021. Subsequently the Apex Court held that B.Ed qualification is not the required qualification for recruitment of primary teachers. It is submitted by the learned Counsel that in view of the direction passed by the Hon’ble Apex Court the private respondent/writ petitioner is not eligible to sit for TET-2022 examination for not having D.EL.Ed qualification.

6. Mr. Sanyal further submits that the writ petitioner/respondent no. 1 applied for TET-2022 as a General Category candidate and she obtained her OBC-B certificate after submission of the application form and declaration of result. The candidate could not secure pass marks of 60% as a General Category candidate and therefore, on the basis of subsequent OBC-B caste certificate she cannot pray for declaration for TET qualified as OBC-B candidate having secured 55% marks.

7. Mr. Sanyal further assailed that the learned Single Bench of this Court erred in fact as well as law in passing the impugned order wherein he directed the authority to consider the respondent/writ petitioner as an OBC-B category candidate. So, as per submission of the learned Counsel that the respondent no. 1/ writ petiti