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.

Judgment :

Soumen Sen, J .

1. The appeal is arising out of an order passed by the learned Single Judge on 7th July, 2025 in connection with several writ petitions heard analogously relating to the recruitment process initiated under the notification dated 30th May, 2025 issued by the Secretary of West Bengal Central School Service commission vide Memo no. 1092/7016/CSSC/ESST 2025 and the West Bengal School Service Commission selection for appointment to the post of Assistant Teachers for upper primary level of Classes except work education and physical education classes IX –X and Classes XI-XII Rules of 2025 (hereinafter referred to as “said Rules of 2025”) For the purpose of convenience henceforth West Bengal School Service Commission shall be described as “WBSSC” and West Bengal Central School Service Commission shall be described as “WBCSSC” in abbreviated form.

2. The present appeal is directed against a portion of the impugned order whereby the contention of the appellant that the recruitment process initiated in 2025 on the basis of the said Rules of 2025 could not be made applicable to the present appellants as they are to be considered under the recruitment Rules, 2016 was rejected by a reasoned order.

Submission on behalf of the Appellants

3. Mr. Bikash Ranjan Bhattacharyya, learned Senior Counsel appearing on behalf of the appellants has submitted that in terms of the judgment of the Hon’ble Division Bench dated 22nd April, 2024 read with the judgment of the Hon’ble Supreme Court on 3rd April, 2025 and the modification order passed by the Hon’ble Supreme Court on 17th April, 2025 in the Misc. Application no. 709 of 2025 in Civil Appeal No. 4805 of 2025, WBCSSC is not authorized or permitted to fill up the vacancies declared for the 1st SLST 2016 along with other vacancies. It is submitted that the declared vacancies of 1st SLST 2016 are only required to be filled up in terms of the previous recruitment Rules 2016 for Class IX-X and Classes XI-XII respectively based on the eligibility criterion mentioned in Rules of 2016.

4. It is submitted that even in the Misc. Application no. 709 of 2025 where the WBCSSC had applied for extending the service of the untainted candidates till the fresh selection process is initiated and concluded specific averments has been made in paragraph 5 of the said Misc. Application in which it has been stated that appropriate steps have been taken in terms of the judgment dated 3rd April, 2025 for filling up the vacancies “which have arisen on account of the selection process having been set aside”. In view of such clear stand of the applicant Board it is no more open to the Commission to initiate a fresh process by declaration of further vacancies in its notification dated 30th May, 2025. If further vacancies have arisen by reason of passage of time a fresh recruitment process may be initiated to fill up such vacancies. The said Rules of 2025 cannot have any manner of application or could be given a retrospective effect for the filling up the vacancies declared and earmarked for SLST 2016.

5. Mr. Bhattacharyya has referred the paragraph 363(xi) of the judgment of the Hon’ble Division Bench and paragraphs 45 and 49 of the judg