The court upheld the designation of petitioners as tainted candidates based on previously established criteria, affirming dismissal of their writ petitions.

JUDGMENT :

SAUGATA BHATTACHARYYA, J.

1. Affidavits-of service filed in respect of WPA 19994 of 2025 and WPA 20893 of 2025 on behalf of the petitioners are taken on record.

2. All the writ petitions are taken up for consideration since common issues are involved.

3. Petitioners are declared as tainted candidates and their names featured in the list dated 30^th August, 2025 which was published by the West Bengal Central School Service Commission. By publishing list dated 30^th August, 2025 petitioners since are termed as tainted they will not be permitted to participate in the ensuing examinations scheduled on 7^th September, 2025 and 14^th September, 2025.

4. The Examinations which are to be held on 7^th September, 2025 and 14^th September, 2025 are parts of selection process which have been initiated in terms of recruitment notification dated 30^th May, 2025 being No. 1092/7016/CSSC/ESST/2025.

5. It is submitted by the learned advocates representing the petitioners that though they are issued Admit Cards permitting them to sit in the scheduled examinations but based on list dated 30^th August, 2025 their Admit Cards are cancelled triggering the present writ petitions.

6. Learned advocates representing the parties have relied upon judgment of the Hon’ble Division Bench dated 22^nd April, 2024 delivered by the Hon’ble Division Bench on a batch of matter first one being WPA No. 30649 of 2016 (Baishakhi Bhattacharyya (Chatterjee) & Ors. vs. State of West Bengal & Ors.) and the judgment of the Hon’ble Supreme Court delivered in civil appeal arising out of Special Leave Petition (Civil) No. 9586 of 2024 [State of West Bengal vs. Baishakhi Bhattacharyya (Chatterjee) and Ors.].

7. In addition thereto, Mr. Ghosh, learned advocate representing the petitioner has made submission in WPA 19994 of 2025 based on a document dated 29^th December, 2020 issued by the concerned authority of the West Bengal Central School Service Commission whereby petitioner in the said writ petition was informed of marks allotted to him. It is submitted that this document shows that petitioner is not a tainted candidate. Therefore, his name should not feature in the list dated 30^th August, 2025.

8. Mr. Majumder, learned senior advocate, Mr. Banerjee, learned advocate and other learned advocates representing the petitioners in these writ petitions have placed reliance on judgment dated 10^th July, 2025 delivered on MAT No. 1016 of 2025 (West Bengal Central School Service Commission & Anr. vs. Sanjay Kumar Doloi & Ors.).

9. It is argued that paragraph 363(iv) of the judgment dated 22^nd April, 2024 delivered by the Hon’ble Division Bench in Baishakhi Bhattacharyya (Chatterjee) (supra) and judgment dated 3^rd April, 2025 delivered by the Hon’ble Supreme Court in Baishakhi Bhattacharyya (Chatterjee) (supra) were considered by the Hon’ble Division Bench in judgment dated 10^th July, 2025 passed in MAT 1016 of 2025, Sanjay Kumar Doloi (supra) and made certain observations which come in favour of the present petitioners in some of the writ petitions in determining whether those petitioners are tainted candidates or not.

10. Having considered the respective submissions made on behalf of the parties, Court finds that the issues involved in all the writ petitions were dealt with by this Court while deciding batch of writ petitions first on being WPA No. 20845 of 2025 Ors.)

11. It is found that ratio of Sampa Ghosh (supra) covers the issues involved in the present writ petitions.

12. Placing reliance on Sampa Ghosh (supra) writ petitions are dismissed.

13. However, there shall be no order as to costs.

14. Urgent pho