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IN THE HIGH COURT AT CALCUTTA
SAUGATA BHATTACHARYYA
Sanjoy Kumar Doloi – Appellant
Versus
State of West Bengal – Respondent
| 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
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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