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IN THE HIGH COURT AT CALCUTTA
SOUMEN SEN
West Bengal School Service Commission – Appellant
Versus
Sanjoy Kr. Doloi – Respondent
JUDGMENT :
Soumen Sen, J.
1. Both the appeals arising out of a common judgment and order dated 7th July, 2025 are being heard and disposed of by this common judgment. The West Bengal Central School Service Commission (in short WBCSSC) and the State of West Bengal have preferred two separate appeals against the said common judgment.
2. The appellants are essentially aggrieved by the direction of the learned Single Judge to exclude the tainted candidates from the purview of the Notification dated 30th May, 2025.
3. The learned Single Judge in the impugned judgment has directed the appellant to proceed with the selection process which has started vide the Recruitment Notification dated 30th May, 2025 but debarred the tainted candidates from participating in the said selection process. If any tainted candidate has submitted an application in order to offer his/her candidature pursuant to the Recruitment Notification dated 30th May, 2025, the same shall stand cancelled. Both the appellants are aggrieved by the aforesaid direction as according to the appellants, the said direction would amount to re-writing the judgment of the Hon’ble Supreme Court and is not in consonance with the judgment
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.
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.
The classification of candidates as tainted extends beyond previously defined categories, and judicial intervention is precluded by ongoing Supreme Court considerations.
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 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 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....
Candidates participating in a selection process cannot challenge the process or regulations post-selection, establishing a principle of acquiescence in recruitment law.
Innocent appointees should not suffer due to errors in the recruitment process, and their termination after successful appointments, without any fault on their part, would cause undue hardship and ru....
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