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2025 Supreme(Cal) 279

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

Advocates Appeared:
For the Petitioners: Mr. Sudipta Dasgupta, Ms. Suryatapa Das, Ms. Sinjini Chakrabarti.
For the WBBPE : Mr. Ratul Biswas, Mr. Kaushik Chowdhury
For the NCTE : Ms. Asha G. Gutgutia
For the State : Mr. Vivekananda Bose, Ms. Priyamvada Singh.

Qualifications for recruitment must be met by the application date, and the recruitment process rules cannot be changed post-notification.

Headnote:(A) West Bengal Primary School Teachers Recruitment Rules, 2016 - Rule 6(2) - Diploma in Elementary Education results not published - Petitioners sought participation in recruitment while awaiting results of completed course. Petitioners argued TET qualification valid till revocation; Notification for recruitment stated need for passed D.El.Ed on application date. Court found no prejudicial delay by WBBPE in publishing results and ruled they lack eligibility as results not declared. (Paras 5, 6, 9.1, 10.1)

(B) Recruitment Process - The recruitment process could not be modified mid-way post advertisement publication, underscoring that eligibility criteria cannot be altered after recruitment notification. (Paras 8, 8.6)

Facts of the case:
Petitioners requested results of D.El.Ed course to participate in recruitment, claiming eligibility based on TET 2014 qualifications and course completion. Results were pending publication on the date of advertisement for recruitment.

Findings of Court:
The petitioners are not eligible to participate in the recruitment process as they have not passed the D.El.Ed course by the advertisement date; no evidence of delay or arbitrariness by WBBPE was found.

Issues: (i) Participation eligibility of petitioners whose D.El.Ed results are pending; (ii) Validity of TET qualification after completion of D.El.Ed course; (iii) Determination of intentional delay by WBBPE in non-publication of results.

Ratio Decidendi: The court held that the recruitment eligibility is bound by completion of qualifications by the advertisement date and emphasized the necessity to maintain recruitment process integrity, asserting no deliberate delays by WBBPE in result publication.

Result: Writ petition dismissed.

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

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