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2025 Supreme(Online)(Cal) 1985

CALCUTTA HIGH COURT
Aniruddha Roy, J
Sukumar Singh & Ors. – Appellant
Versus
The State of West Bengal & Ors. – Respondent
WPA 9301 of 2025



Advocates:
For the Appellants/Petitioners: Mr. Ekramul Bari, Sk. Imtiajuddin
For the Respondents: Mr. Santanu Kumar Mitra, Sr. Govt. Adv., Mr. Subhabrata Das, Dr. Sutanu Kumar Patra, Ms. Supriya Dubey

The Court's decision emphasizes the right of petitioners to seek interim relief in educational recruitment counseling amidst procedural delays.

Headnote:This case involves the Writ Petition WPA 9301 of 2025 concerning the petitioners' request for interim relief to participate in the 8th Phase counseling for Assistant Teacher posts, amidst claims of procedural delays. The Court acknowledged the urgency and set a hearing for the petitioners to submit additional affidavits (Paragraphs 1-4). The core issue was whether the petitioners could be granted the opportunity to participate in upcoming counseling dated August 1, 2025, which the Court considered essential (Paragraph 5). The Court's ruling was to allow the matter to be reconsidered upon filing the supplementary affidavit and scheduled an urgent hearing (Final decision).

Upon urgency being pleaded the matter was mentioned, since determination of the Regular Bench has been assigned before this Court, the writ petition has been taken up for consideration upon publishing in the Daily Cause List.

On the prayer of Mr. Ekramul Bari, learned counsel appearing for the petitioners, leave is granted to file the supplementary affidavit disclosing the rank of the petitioners in their respective categories.

Supplementary affidavit filed today is taken on record.

Mr. Bari, learned counsel appearing for the petitioners has prayed for an interim relief in view of the notification for holding 8th Phase counseling dated July

24, 2025 for the post of Assistant Teacher in connection with 1st SLST for Upper Primary Level Classes, 2016 in compliance of the order of the Hon’ble Division Bench passed MAT 638 of 2021.

The petitioners were scheduled for counseling on different dates from time to time after being qualified at the personality test level. The petitioners for some reasons could not participate on the day the counseling was scheduled. In between several counseling have already taken place and now the petitioners pray for direction to allow them to participate in the 8th Phase counseling, as referred to above.

The Co-ordinate Bench had already considered the writ petition on May 14, 2025.

In view of the said subsequent development that the notice dated July 24, 2025 for the 8th Phase counseling having been published, the petitioners pray for an interim order for participating in the counseling process.

Mr. Bari has referred to an order dated June 9, 2025 passed by a Co-ordinate Bench, In matter of: Mukti Biswas –vs- The State of West Bengal & Ors. rendered in WPA 9980 of 2025, where the petitioner therein was allowed to participate in the 7th counseling held on June 11, 2025, the petitioner prays for identical interim relief.

After a substantial hearing being taken place, this Court finds that the said notification for 8th phase counseling dated July 24, 2025, though the existence and publication of the said notice has been admitted by Dr. Sutanu Kumar Patra, learned counsel appearing for the West Bengal Central School Service Commission, but since the said notification has not been made part of the record, today’s hearing stands adjourned.

The petitioners shall be at liberty to file supplementary affidavit in the writ petition disclosing the said notification dated July 24, 2025 and the matter then shall be taken up for further consideration.

Considering the urgency involved as the counseling is fixed on August 1, 2025, the writ petitioner shall once again appear under the heading “Motion(TOP)” tomorrow (30.07.2025).

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