The court upheld the Commission’s authority to conduct a second written examination to rectify previous evaluation errors, affirming the necessity for fair recruitment practices.

JUDGMENT :

Soumen Sen, J.

1. The appellants are aggrieved by the common judgment and order passed by the learned Single Judge on 16^th July, 2025 whereby the challenge to the notices dated 5^th August, 2024 and 9^th August, 2024 issued by the West Bengal Madrasah Service Commission (in short 'WBMSC') had failed. The writ petitions were dismissed. Those writ petitions were heard along with the petitions filed by the interveners in this proceeding. The writ petitions filed by the interveners being WPA No.845 of 2025 and WPA No.1436 of 2025 before the learned Single Judge were allowed.

2. All the writ petitions were heard together and disposed of by the common judgment. In the writ petitions filed by the interveners the grievance was that the WBMSC was delaying the process in completing the recruitment process.

3. Before we advert to the submissions made on behalf of the WBMSC, we briefly narrate the facts which are as follows:

4. In or about 27th March, 2010, an advertisement was issued by the WBMSC in respect of the examination of 1st SLST (NT) Group-D. On 12^th November, 2010, the Government of West Bengal Minority Affairs and Madrasah Education Department prepared and published a Rule, namely, West Bengal Madrasah Service Commission Recruitment (Selection and Recommendation of Persons for Appointment and Transfer to the post of Teacher & Non-Teaching Staff) Rules, 2010 (hereby referred to as 'Recruitment Rules, 2010'). The recruitment process for the 1st SLST was to be held in three sessions and 1,43,303 candidates participated in the said examination. On 29^th May, 2011, the written examination was held for 26,445 candidates after they were successful in the preliminary screening examination. During the pendency of the said selection process, the writ petition being WP 20650(W) of 2013 was filed on 12^th March, 2014 challenging some of the sections of the West Bengal Madrasah Service Commission Act, 2008. On 12th March, 2014, the learned Single Judge by a judgment declared Sections 8 , 10, 11 and 12 of the West Bengal Madrasah Service Commission Act, 2008 as ultra vires Article 30 of the Constitution of India as a result whereof the Commission was unable to proceed with the said recruitment process of Group-D posts of 1st SLST (NT), 2010. Thereafter, an appeal was preferred by the Commission being MAT 473 of 2014 and AST 130 of 2014. The Hon'ble Division Bench by the judgment and order dated 9^th December, 2015 declared the entire Act of 2008 as unconstitutional. A Special Leave Petition was filed on 14^th March, 2016 by a wait listed candidate of 5^th SLST, 2011(AT) being SLP(C) No.6661 of 2016 in which an interim order was passed on 14th March, 2016 whereby the impugned final judgment and order was stayed. Thereafter, on 17th November, 2017 the Hon'ble Supreme Court permitted the West B