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IN THE HIGH COURT AT CALCUTTA
SAUGATA BHATTACHARYYA
Sampa Ghosh – Appellant
Versus
State of West Bengal – Respondent
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 record.
3. Writ petitions are filed questioning the list containing names of tainted candidates which was published vide memo dated 30th August, 2025 issued by the Secretary, West Bengal Central School Service Commission (for short, “Commission”). List dated 30th August, 2025 features names of 1804 (one thousand eight hundred and four ) candidates who have been declared as tainted candidates in connection with their participation in 1st State Level Selection Test, 2016 (for short, “1st SLST, 2016”) for Classes IX-X and XI-XII.
4. At the outset, it needs to be recorded that in terms of order of the Hon’ble Supreme Court dated 28th August, 2025 passed on Special Leave to Appeal (C) No. 23784 of 2025 (Bejoy Biswas & Ors. Vs. State of West Bengal & Ors.) said list dated 30th August, 2025 was published by the Commission.
5. As per case presented on behalf of the petitioners they either participated in 1st SLST, 2016 for Classes IX-X or 1st SLST, 2016 for Classes XI-XII but they lost job i
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 designation of petitioners as tainted candidates based on previously established criteria, affirming dismissal of their writ petitions.
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.
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.
Writ petitions are not maintainable if earlier judgments have merged with a subsequent Supreme Court ruling, emphasizing compliance responsibility falls under higher authority.
Parity – When there is a declaration of law by court, Judgment can be treated as Judgment in rem and require equities to be balanced by treating those similarly situated, similarly.
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....
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 main legal point established in the judgment is that no further cause of action had accrued to the petitioners to re-agitate the matter, and that the liberty granted to the petitioners was circum....
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