Court holds that untainted candidates must be permitted to participate in selection counseling processes, prioritizing merit without previous disqualifications.

For the Petitioner : Mr. Sudip Ghosh Chowdhury Mr. Soumyajit Laskar For the State : Mr. Bedashruti Bose : Mr. Kumar Shantanu For the Commission : Mr. Sunit Kumar Roy Ms. Susmita Mondal Heard on : 31.07.2025 Judgment on : 31.07.2025 SAUGATA BHATTACHARYYA, J.:

1) Petitioner participated in two selection processes, namely, 1st State Level Selection Test, 2016 for Classes IX & X and also 1st State Level Selection Test, 2016 (Upper Primary) for being appointed as Assistant Teacher in upper primary level of classes.

2) It needs to be recorded herein in view of submission made on behalf of the petitioner that petitioner was selected in both the selection processes for being counseled in order to offer job of Assistant Teacher in Classes IX & X in connection with 1st SLST, 2016 and Upper Primary Level of Classes in connection with 1^st SLST, 2016 (Upper Primary).

3) Petitioner opted to be appointed as an Assistant Teacher in secondary section of a Government aided recognized school since according to the petitioner it was better opportunity for him to work as an Assistant Teacher in secondary section rather than working in Upper Primary Level of Classes as that would have been beneficial in terms of payment of salaries and other emoluments.

4) The selection process i.e. 1^st SLST, 2016 for Classes IX & X has been set aside by the Hon’ble Supreme Court vide judgment dated 3rd April, 2025 delivered in State of West Bengal –vs- Baishakhi Bhattacharyya (Chatterjee) And Others with other matters. Subsequently, petitioner has approached this Court with the present writ petition in order to permit him to participate in the counseling process being an eligible candidate for being selected for the post of Assistant Teacher in upper primary level of classes in view of petitioner’s participation in 1st SLST, 2016 (Upper Primary).

5) In support of such contention relevant parts of the merit list are annexed to this writ petition at page 19.

6) On perusal of relevant parts of merit list, it appears that petitioner ranked 109th under OBC –A category.

7) It is submitted on behalf of the petitioner if without diluting merit petitioner comes within the zone of consideration he may be permitted to participate in the counseling. According to the petitioner, if he is not permitted to participate in 8^th round of counseling which is scheduled to be held on 1st August, 2025, by organizing separate counseling subsequent to 8th round of counseling petitioner may be permitted to participate in the counseling.

8) In this regard, reliance is placed on an order dated 9^th June, 2025 passed in a writ petition being WPA 9980 of 2025 (Mukti Biswas Vs. State of West Bengal & Ors.). Reliance is also placed on the order of a coordinate Bench dated 30th July, 2025 passed in WPA 9301 of 2025 (Sukumar Singh & Ors. Vs. The State of West Bengal & Ors.).

9) Mr. Roy, learned advocate representing the Commission appears on virtual mode and opposes the prayer of the petitioner to allow him to participate in the counseling in connection with 1st State Level Selection Test, 2016 (Upper Primary) since petitioner in spite of being permitted to participate in the previous round of counseling did not turn up. It is also submitted at this stage if petitioner is permitted to participate in the counseling and if he comes within the zone of consideration that would make the entire process topsy-turvy.

10) Another limb of submission made on behalf of the Commission is if petitioner is permitted to participate in the counseling a candidate who has already been chosen for counseling would be ousted.

11) First before considering the issue raised in this writ petition, this Court needs to find out whether petitioner is untainted candidate or not in connection with the selection process of 1^st SLST, 2016 for Classes IX & X since in terms of the judgment of the Hon’ble Supreme Court dated 3^rd April, 2025 tainted candidates have no right to offer their candidature in fresh selection process.

12) In this rega