Cut-off dates for educational appointments may be bypassed if candidates meet specific conditions and circumstances warrant such exceptions.

Heard On : 15.07.2025 Judgment On : 15.07.2025 Saugata Bhattacharyya, J.:

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

2. Petitioner participated in the 1^st State Level Selection Test, 2016 (for short, ‘SLST, 2016’) for classes XI-XII as well as selection process of

2009 for being appointed as Primary Teacher in the district of Malda.

3. It is submitted by Mr. Sanyal, learned Senior Advocate representing the petitioner that in both the selection processes petitioner got selected but petitioner opted to be appointed as Assistant Teacher of a higher secondary school to impart lessons to the students of classes XI and XII since such appointment in terms of service benefits and other emoluments is better option than to work as a Primary Teacher.

4. Appointment letter was issued vide memo dated 17^th September, 2018 in favour of the petitioner by the President, West Bengal Board of Secondary Education based on which petitioner joined the post of Assistant Teacher in higher secondary section of a Government aided school in connection with his participation in 1^st SLST, 2016 (for classes XI-XII). Subsequently, petitioner was favoured with appointment letter dated 28^th September, 2021 in connection with his selection in 2009 recruitment process, issued by the Chairman, District Primary School Council, Malda whereby he was invited to join as Primary Teacher but petitioner chose to work as Assistant Teacher in higher secondary section of a Government aided school instead of working as Primary Teacher.

5. Petitioner lost the job of Assistant Teacher in higher secondary school in terms of the judgment of the Hon’ble Supreme Court dated 3^rd April, 2025 passed on a civil appeal arising out of Special Leave Petition (Civil) No.9586 of 2024 ( State of West Bengal vs. Baishakhi Bhattacharyya (Chatterjee) & Ors.). Prayer is made on behalf of the petitioner to permit him to join the post of Primary Teacher based on his selection in connection with his participation in 2009 selection process conducted by the District Primary School Council, Malda.

6. Mr. Prasad, learned advocate representing District Primary School Council, Malda (hereinafter referred to as ‘DPSC, Malda’) has opposed the prayer of the writ petitioner on the count that petitioner approached this Court with this writ petition on 19^th June, 2025 which is much after the cut-off date, that is, 25^th April, 2024 fixed by a Co-ordinate Bench while disposing of a batch of writ petitions, first one being WPA 25712 of 2022 (Md. Asiruddin & Ors. vs. State of West Bengal & Ors.) vide order dated 26^th April, 2024. It is also submitted that order passed by the Co-ordinate Bench dated 26^th April, 2024 was not interfered with by the Hon’ble Division Bench while disposing of two intra-court appeals being MAT 994 of 2024 (Rakhi Chakraborty vs. State of West Bengal & Ors.) and MAT 996 of 2024 (Shanaj Begum vs. State of West Bengal & Ors.)

7. Attention of this Court has also been drawn to paragraph 21 of the writ petition wherefrom it appears that in spite of issuance of appointment letter in favour of the petitioner for joining the post of Primary Teacher he decided not to join the said post. It is also submitted on behalf of DPSC, Malda that at this belated stage offering the post of Primary Teacher in connection with petitioner’s participation in 2009 selection process may not be permissible.

8. State respondents are represented by learned advocate who adopts the submissions made on behalf of the DPSC, Malda.

9. Having considered the submissions made on behalf of the parties, issue needs to be decided whether cut-off date fixed by