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2025 Supreme(Online)(Cal) 3231

CALCUTTA HIGH COURT
Saugata Bhattacharyya, J
Paramita Das – Appellant
Versus
State of West Bengal – Respondent
Constitutional Writ W.P.A. 10849 of 2025



Advocates:
For the Petitioner: Ms. Soma Chatterjee (Mishra), Mr. Ritwik Basu
For the Respondents: Mr. Krishna Pada Santra, Mr. Kamalesh Bhattacharyya, Mr. Aninda Bhattacharya, Mr. Shamim Ul Bari, Ms. Ratna Das

Eligibility criteria for teachers' recruitment must be strictly adhered to, with applications accepted only if submitted within prescribed deadlines, considering holidays.

Headnote:(A) Rules and regulations for recruitment of teachers in schools - The court examined the validity of selection process for the post of Assistant Teacher in Work Education and the eligibility criteria as per the advertisement issued. (Paras 3, 5, 10).

(B) Selection process - The petitioner alleged that the selected candidate lacked requisite qualifications at the time of application. (Paras 3-4).

(C) Holiday calculations - The court evaluated the extension of application deadline amidst holidays. (Paras 8).

(D) Eligibility assessment - It was determined whether the selected candidate was eligible based on qualifications acquired post-application deadline. (Paras 10-11).

Findings of Court:
The case was directed to the Commissioner of School Education to review the eligibility of the selected candidate and issue a reasoned decision.

Result: Writ petition stands disposed of.

Table of Content
1. petitioner's challenge regarding candidate eligibility. (Para 2 , 3 , 4)
2. school authority's defense of the selection process. (Para 5 , 6)
3. court's assessment of application deadlines and candidate eligibility. (Para 7 , 8 , 9)
4. order for review of selection based on eligibility criteria. (Para 10 , 11 , 12 , 13 , 14)

Mr. Ritwik Basu For the Respondent No.14 : Mr. Krishna Pada Santra For the School Authority : Mr. Kamalesh Bhattacharyya Mr. Aninda Bhattacharya For the State : Mr. Shamim Ul Bari Ms. Ratna Das Heard on : 11.07.2025 Judgment on : 11.07.2025 SAUGATA BHATTACHARYYA, J.:

1) Affidavit of service filed on behalf of the petitioner is taken on record.

2) Petitioner questions selection of respondent no. 14 for the post of Assistant Teacher of Work Education in St.

Gabriel’s High School (HS), South 24 Parganas (hereinafter referred to as “said school”).

3) Learned advocate representing the petitioner submits in reference to advertisement dated 7th September, 2022 that requisite qualification for filling up post of Assistant Teacher in Work Education was Graduate and B.Ed. It is submitted that respondent no. 14 was selected to be appointed as Assistant Teacher in Work Education in said school but on the date of advertisement on 7th September, 2022 respondent no. 14 did not have requisite qualification that is B.Ed. It is further submitted that on relaxation of requisite qualification of B.Ed. for unknown reason respondent no. 14 was selected to be appointed as Assistant Teacher in Work Education.

4) Another limb of submission made on behalf of the petitioner is denial of right of the petitioner by said school authority to participate in the selection process for filling up the post of Assistant Teacher in Work Education. It is submitted in terms of advertisement dated 7th September, 2022 on 16th September, 2022 application was made by the petitioner expressing willingness to participate in the selection process and same was received by said school authority on 20th September, 2022. It is also submitted that in between 7th September, 2022 and 17th September, 2022 there were three holidays, therefore, ten working days within which a candidate was required to apply ended on 20th September, 2022 (17th September, 2022 plus three days). According to the petitioner, she ought to have been permitted to participate in the selection process having requisite educational qualification.

5) Mr. Bhattacharya, learned advocate representing said school authority submits that the eligible candidate was required to apply within ten working days to be counted from date of advertisement on 7th September, 2022 meaning thereby last date of making application was 17th September, 2022. If petitioner’s application reached office of said school on 20th September, 2022 that is beyond the time stipulated in the advertisement.

6) Submission has also been made on behalf of said school authority to justify steps taken by said school authority to prepare the panel wherein respondent no. 14 was placed at the top. According to said school authority, respondent no. 14 was possessing B.Tech. qualification on the date of advertisement and subsequently obtained B.Ed. qualification in 2023 which made him eligible to be considered for the post of Assistant Teacher in Work Education . It is submitted that written examination was held on 15th December, 2024, prior thereto respondent no.

14 obtained B.Ed. qualification in 2023. Therefore, there is no illegality in selecting respondent no. 14 for the post of Assistant Teacher in Work Education.

7) Mr. Bari, learned advocate representing State respondents submits that approval of appointment was granted by the District Inspector of Schools (SE), South 24 Parganas vide memo dated 27th December, 2024 considering B.Tech. and B.Ed. qualifications of respondent no. 14.

8) While considering the issue, it appears that indisputably advertisement was made by said school authority on 7th September, 2022 fixing ten

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