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IN THE HIGH COURT AT CALCUTTA
SOUMEN SEN, SMITA DAS DE
Bibek Paria – Appellant
Versus
State of West Bengal – Respondent
| Table of Content |
|---|
| 1. nature of the appeal and order. (Para 1 , 2) |
| 2. conditions set by the supreme court for recruitment. (Para 3 , 4) |
| 3. appellants' grievances about eligibility criteria. (Para 5 , 6 , 7 , 8 , 9 , 11) |
| 4. judicial authority vis-à-vis legislative actions. (Para 10 , 12 , 13) |
| 5. defense by wbcssc regarding job vacancies. (Para 15 , 16 , 18) |
| 6. final determination of court on jurisdiction. (Para 19 , 24) |
| 7. court's analysis and justification regarding eligibility and vacancies. (Para 21 , 22 , 23) |
| 8. conclusion of the court on appeal. (Para 25 , 26 , 27) |
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
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.
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 exclusion of two-year B.Ed. holders from recruitment is arbitrary; advertised minimum qualifications must include all eligible candidates, consistent with NCTE regulations.
Eligibility criteria for teacher recruitment cannot be altered mid-way during the process, ensuring fairness and adherence to established rules.
The court emphasized the principle of estoppel and upheld the change in policy regarding eligibility criteria and the prerogative of the selection committee to declare the cut off mark in the CBT for....
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.
Candidates on a merit list do not have an indefeasible right to appointment if they fail to meet the prescribed cut-off marks, emphasizing the need for fair recruitment processes.
The judgment emphasized the limited review jurisdiction under Article 226 of the Constitution of India and highlighted that no vested rights could accrue to the petitioners due to an advertisement th....
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