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 harm.

Judgment :

Soumen Sen, J.

1. The appeal is arising out of an order passed by the learned Single Judge on 7^th 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 fully made applicable to the present appellants insofar as the eligibility criterion and posts to be filled up under the recruitment Rules 2016 was rejected by a reasoned order.

3. The present appellants are the Assistant Teachers in Class IX-X and Class XI-XII whose services have been extended till the end of the academic year or until the process of such appointment to such posts is concluded subject to the following conditions of the Hon’ble Supreme Court in disposing of Misc. Application no. 709 of 2025 in SLP no. 4805 of 2025.

“i) An advertisement for fresh recruitment to the advertisement aforesaid post(s) shall be published before 31.05.2025.

ii) The examination and the entire recruitment process shall be completed by 31.12.2025.

iii) The State Government, the applicant/appellant, West Bengal Board of Secondary Education, and the West Bengal Central School Service Commission shall file their respective affidavits by 31.05.2025, enclosing therewith a copy of the advertisement for the fresh recruitment as well as the schedule therefor, so as to ensure completion of the recruitment process by 31.12.2025.

In case the advertisement is not published by 31.05.2025 and the affidavits are not filed by that date, appropriate orders will be passed by this Court, including imposition of costs and vacating of the present order.”

4. The said prayer was allowed considering academic interest of the student as would appear from the following observation of the Hon’ble Supreme Court:

“What has prompted us to pass this order in respect of Assistant Teachers not found to be tainted is that students undergoing study presently should not suffer on account of the lack of teachers and the lapses and failures, which have resulted in the order passed by this court.”

Submission on behalf of the Appellants

5. Mr. Anindya Kumar Mitra, the learned Senior Counsel appearing on behalf of the present appellants has submitted that the appellants are not challenging the Rules of 2025 and Recruitment Notification dated 30th May. 2025.

6. The appellants are not praying for a declaration of said Rules of 2025 and Recruitment notification as ultravires. The appellants are aggrieved by the abolition and/or reduction of posts and modification of the eligibility criteria for the untainted candidates protected under paragraph 49 of the judgment of the H