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IN THE HIGH COURT AT CALCUTTA
HARISH TANDON, PRASENJIT BISWAS
Debasish Sadhukhan – Appellant
Versus
State Of West Bengal – Respondent
JUDGMENT :
Harish Tandon, J.
1.The aforesaid mandamus appeals are filed assailing the common Judgment on 09.08.2019 passed by the Single Bench dismissing the writ petitions filed by the several writ petitioners challenging the recruitment process initiated in the year 2009 for several posts of Assistant Teachers in various primary and junior basic schools.
2. All the writ petitioners of their respective writ petitions filed the aforesaid mandamus appeals raising the identical and similar points and therefore, an order was passed to hear out of the aforesaid mandamus appeals analogously. All the appearing Counsel are uniform in their submissions that though the writ petitioners of their respective writ petitions have obtained different marks in the said recruitment process but the point of law involved in the instant appeals are identical and therefore, the mandamus appeal being FMA 244 of 2021 be taken into consideration to decide the aforesaid points.
3. Though the writ petitions were filed by the respective appellants assailing the recruitment process but have decided to squeeze the point which we would later on indicate and therefore, the zone of consideration becomes limited and ma
The circular issued by the Board of Basic Education allowing candidates from zero vacancy districts to participate in the selection process for the post of Assistant Teachers was valid as it was in c....
Appointment – A Panel or a Merit List cannot be treated as if it exists in perpetuity, which will facilitate making appointments as and when required – Even when vacancies are notified and adequate n....
The main legal point established in the judgment is the right of the petitioners to be considered for appointment, the obligation of the employer to publish the panels, and the impact of pending cour....
Candidates participating in a selection process cannot challenge the process or regulations post-selection, establishing a principle of acquiescence in recruitment law.
It is well-established that an authority cannot make any selection/appointment beyond the number of posts advertised, even if there were a larger number of posts available than those advertised.
An order passed without assigning any reason is bad in law and cannot be sustained.
The court upheld the application of the Recruitment Rules, 2025 over previous rules and confirmed judicial deference to executive policy decisions in educational recruitment without breaching rights.
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