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IN THE HIGH COURT AT CALCUTTA
SAUGATA BHATTACHARYYA, J.
Sanjoy Kumar Doloi & Anr. - Appellant
Vs.
The State of West Bengal & Ors. - Respondent
W.P.A. 12505 of 2025 With W.P.A. 12512 of 2025
Decided On : 07-07-2025
| Table of Content |
|---|
| 1. court takes records of service affidavits and petitions. (Para 1 , 2 , 3) |
| 2. petitioners argue against tainted candidates' participation in selection. (Para 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11) |
| 3. court reviews arguments from various parties regarding eligibility. (Para 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 4. court's analysis on participation of tainted vs untainted candidates. (Para 19 , 20 , 21 , 22 , 23 , 24) |
| 5. court concludes on the validity of recruitment rules and participation criteria. (Para 25 , 26 , 27 , 28 , 29) |
| 6. final directives regarding selection process and disqualification of tainted candidates. (Para 30 , 31) |
| 7. court disposes all petitions and refuses stay on order. (Para 32 , 33) |
JUDGMENT :
Saugata Bhattacharyya, J.
1) Affidavits-of-service filed on behalf of the petitioners are taken on record.
2) All the writ petitions are taken up for consideration since common issue is involved excluding writ petition being WPA 12602 of 2025 (Malati Ghosh & Ors. Vs. State of West Bengal & Ors.).
3) Documents filed in support of depositing Court Fees in respect of writ petitions where number of writ petitioner is more than one are taken on record.
4) In all the matters it has been argued on behalf of the petitioners that they are untainted candidates of 1st State Level Selection Test, 2016 (for short “1st SLST, 2016”) for Classes IX & X and XI & XII.
5) Challenge has been thrown to West Bengal School Service Commission (Selection for Appointment to the Posts of Assistant Teachers for Upper Primary Level of Classes [except Work Education and Physical Education], Classes IX-X and Classes XI-XII) Rules, 2025 (hereinafter referred to as “said Rules of 2025”) and recruitment notification dated 30th May, 2025 issued by the Secretary, West Bengal Central School Service Commission vide memo No. 1092/7016/CSSC/ESTT/2025.
6) Mr. Bikash Ranjan Bhattacharyya, learned senior advocate representing some of the petitioners submits that in terms of the judgment of the Hon’ble Division Bench dated 22nd April, 2024 and the subsequent judgment delivered by the Hon’ble Supreme Court on 3rd April, 2025 read with order passed on 17th April, 2025 on Miscellaneous Application No.709 of 2025 in Civil Appeal No. 4805 of 2025 which was taken out by the West Bengal Board of Secondary Education vacancies earmarked for 1st SLST, 2016 are required to be filled up in terms of previous Recruitment Rules of 2016 which were applied for conducting 1st SLST, 2016 for Classes IX & X and XI & XII.
7) Attention of this Court has been drawn to paragraph 363(xi) of the judgment dated 22nd April, 2024 passed by the Hon’ble Division Bench and according to the petitioners West Bengal Central School Service Commission (for short “WBCSSC") needs to undertake a fresh selection process in respect of declared vacancies of 1st SLST, 2016 for Classes IX & X and XI & XII within a specified time.
8) Reliance is placed on the judgment of the Hon’ble Supreme Court dated 3rd April, 2025 (paragraph 45 onwards) wherein it was observed that the judgment of the Hon’ble Division Bench dated 22nd April, 2024 needs no alteration and it is also contended in consideration of the observations made in paragraph 49 of the judgment of the Hon’ble Supreme Court dated 3rd April, 2025 that only untainted candidates and differently-abled candidates ought to be permitted to participate in the selection process which has been initiated by issuing recruitment notification dated 30th May, 2025.
9) It is submitted that there is no express bar in the recruitment notification dated 30th May, 2025 for the candidates who were termed as “tainted” by the Hon’ble Supreme Court from participating in the ensuing selection process for which recruitment notification has been issued on 30th May, 2025. In other words, it is also submitted that notification dated 30th May, 2025 also invited tainted candidates to offer their candidature which is in the teeth of observations made by the Hon’ble Supreme Court in the j
Tainted candidates are barred from participating in the recruitment process according to the Supreme Court's directives on fraudulent appointments and adherence to prior recruitment rules.
Tainted candidates from previous fraudulent selections cannot be allowed in fresh recruitment processes, as it breaches fundamental justice and undermines public trust in educational integrity.
The court upheld the authority of educational bodies to institute eligibility criteria and adjust vacancies in recruitment, emphasizing judicial restraint and the absence of demonstrable individual h....
The court upheld the application of the Recruitment Rules, 2025 over previous rules and confirmed judicial deference to executive policy decisions in educational recruitment without breaching rights.
The classification of candidates as tainted extends beyond previously defined categories, and judicial intervention is precluded by ongoing Supreme Court considerations.
The court established that recruitment processes must adhere to the legal framework in place at the time of vacancy and emphasized the necessity of public advertisement for fair selection.
Candidates participating in a selection process cannot challenge the process or regulations post-selection, establishing a principle of acquiescence in recruitment law.
The court emphasized that the integrity of public employment selections must be maintained, ruling that the failure to publish the master answer key and deletion of original data rendered the selecti....
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