IN THE HIGH COURT AT CALCUTTA
BIVAS PATTANAYAK, J.
Sujoy Deoghuria & Ors. – Petitioners
Versus
The State of West Bengal & Ors. – Respondents
WPA No. 28172 of 2025
Decided On : 19-12-2025
| Table of Content |
|---|
| 1. petitioners seek d.el.ed result publication. (Para 1 , 2 , 3) |
| 2. petitioners argue for participation eligibility. (Para 4 , 5) |
| 3. opposition argues ineligibility of petitioners. (Para 6 , 8) |
| 4. no deliberate delay found by wbbpe. (Para 10) |
| 5. writ petition dismissed without cost. (Para 11 , 12 , 13 , 14 , 15 , 16 , 17) |
JUDGMENT :
Bivas Pattanayak, J.
1. Affidavit of service filed on behalf of the petitioners is taken on record.
2. By the present writ petition, the petitioners seek for publication of the final results of Diploma in Elementary Education (in short, 'D.El.Ed.') for the session 2023-2025 prior to the last date of the application of recruitment Notification dated 25th September, 2025 and also directing the respondent authorities to allow the petitioners to participate in the ongoing selection process in connection with the said recruitment notification.
3. All the petitioners in the present writ petition have qualified in TET 2014.
4. The petitioners herein contend that all of them have completed the D.El.Ed course for the session 2023-2025 which is required for the ongoing recruitment process. However, since the results of the D.El.Ed course have not been declared as yet, they are unable to participate in the recruitment process initiated vide Notification dated 25th September, 2025 read with Notification dated 19th November, 2025. Hence this writ petition.
5. Mr. Sudipta Dasgupta, learned advocate appearing for the petitioners, at the outset placing reliance on the Notification issued by the N.C.T.E. dated 9th June, 2021, submits that once a candidate qualifies the TET, it is valid for life, until and unless, it is revoked and/or cancelled by a competent authority. The petitioners, who have qualified in TET 2014 as untrained candidates, in order to make them sufficiently trained, have taken admission in D.El.Ed courses as required by the subsequent notification of the N.C.T.E. Due to non- publication of the said results and arbitrary withholding of the same by the Board, the rights of the petitioners to at least participate in the recruitment process has been affected. He indicates that the decision of the Hon'ble Supreme Court in the case of Devesh Sharma versus. Union of India reported in (2023) 18 SCC 339 does not cancel the TET certificates or the TET qualification granted to the candidates. The notification of the N.C.T.E. dated 28th June, 2018 allowed the Graduates with at least 50% marks with Bachelor of Education (B.Ed.) Degree to apply for appointment to the post of Assistant Teacher of primary school. Thus, once the petitioners have qualified in the TET examination conducted by the Board, the same cannot be revoked and cancelled or arbitrarily withdrawn. The Board has not taken any steps for revocation and/or cancellation and, therefore, is debarred from challenging its own action. Thus, the qualification and certificates of TET 2014 of the petitioners are valid till date. The petitioners herein seek for publication of the final results of the D.El.Ed course for the session 2023-2025, so that they get the opportunity to take part in the ongoing recruitment process. As per the Norms and Standards of D.El.Ed, the duration of the D.El.Ed. Programme shall be of two academic years. The release notice dated 30th June, 2025 goes to show that the academic year has ended on 30th June, 2025. The Board ought to have published the results within the academic year. Hence, as per the duration as stipulated in the Norms and Standards the Board is statutorily bound to publish the results. In the light of his aforesaid submissions, he prays for specific direction upon the authority concerned to publish the results of D.El.Ed course 2023-2025 and also to allow the petitioners to participate in the ongoing recruitment process.
6. On the contrary, Mr. Ratul Biswas, learned advocate appearing for the West Bengal Board of Primary Education (in short, 'WBBPE') submits that the petitioners are untrained candidates. The p
Qualifications for recruitment must be met by the application date, and the recruitment process rules cannot be changed post-notification.
Candidates who have not completed the requisite teacher training course by the recruitment notification date are ineligible for the recruitment process, irrespective of their TET qualifications.
(1) Appointment – If there is no cut-off date appointed by rules then such date as may be appointed for the purpose of advertisement calling for applications – If there is no such date appointed then....
Eligibility qualifications for recruitment must be assessed based on the last date for application submission unless specified otherwise, rejecting the notion of a cut-off date.
The exclusion of two-year B.Ed. holders from recruitment is arbitrary; advertised minimum qualifications must include all eligible candidates, consistent with NCTE regulations.
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