Court affirms the right of untainted candidates to participate in the counseling process for teaching positions, despite previous absences, ensuring no dilution of merit.

JUDGMENT :

SAUGATA BHATTACHARYYA, J.

1) All the writ petitions are taken up together for consideration since common issue is involved.

2) Affidavits of service filed on behalf of the petitioners are taken on records.

3) Affidavits-in-Opposition filed on behalf of the West Bengal Central School Service Commission (for short, “Commission”) are also taken on records.

4) Petitioners participated in two selection processes, namely, 1^st State Level Selection Test, 2016 for Classes IX-X and XI-XII and also 1^st State Level Selection Test, 2016 (Upper Primary) for being appointed as Assistant Teachers in upper primary level of classes.

5) It needs to be recorded herein in view of submission made on behalf of the petitioners that petitioners were selected in both the selection processes for being counseled in order to offer job of Assistant Teacher in Classes IX-X and XI-XII in connection with 1st SLST, 2016 and Upper Primary Level of Classes in connection with 1^st SLST, 2016 (Upper Primary).

6) Petitioners opted to be appointed as Assistant Teachers in secondary/higher section of Government aided recognized schools since according to the petitioners it was better opportunity for them to work as Assistant Teachers in secondary/higher section rather than working in Upper Primary Level of Classes as that would have been beneficial in terms of payment of salaries and other emoluments.

7) The selection process i.e. 1^st SLST, 2016 for Classes IX-X and XI-XII has been set aside by the Hon’ble Supreme Court vide judgment dated 3rd April, 2025 delivered in Civil Appeal arising out of Special Leave Petition (Civil) No.9586 of 2024 (State of West Bengal vs. Baishakhi Bhattacharyya (Chatterjee) & Ors.) Petitioners have approached this Court with these writ petitions in order to permit them to participate in the counseling process being eligible candidates for being selected for the post of Assistant Teacher in upper primary level of classes in view of petitioners’ participation in 1^st SLST, 2016 (Upper Primary).

8) It is submitted on behalf of the petitioners that all the petitioners are empanelled candidates. Panel was prepared after conducting personality test by the Commission. On behalf of the Commission it is submitted that total 14052 candidates were selected based on preparation of panel and waitlist. Petitioners come within these 14052 candidates.

9) It is contended on behalf of the petitioners if without diluting merit petitioners come within the zone of consideration they may be permitted to participate in the counseling. According to the petitioners, if they are not permitted to participate in counseling subsequent to 8^th round which was held on 1^st August, 2025 their fate in connection with 1^st SLST (Upper Primary) will be sealed forever.

10) In this regard, reliance is placed on an order dated 9^th June, 2025 passed in a writ petition being WPA 9980 of 2025 (Mukti Biswas Vs. State of West Bengal & Ors.). Reliance is also placed on the order of a coordinate Bench dated 30^th July, 2025 passed in WPA 9301 of 2025 (Sukumar Singh & Ors. Vs. The State of West Bengal & Ors.).

11) Learned advocates representing the Commission opposes the prayer of the petitioners to allow them to participate in the counseling in connection with 1st SLST, 2016 (Upper Primary) since petitioners in spite of being permitted to participate in the previous rounds of counseling did not turn up. It is also submitted that at this stage if petitioners are permitted to participate in the counseling and if they come within the zone of consideration that would make th