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Form No. J.(2)

Item No. DL/4

adeb - AR (CT)

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction

(Appellate Side)

W.P.A. NO. 29285 OF 2025

GOLOKESWAR BHOWMIK

Vs.

THE STATE OF WEST BENGAL & ORS.

BEFORE: THE HON’BLE JUSTICE SAUGATA BHATTACHARYYA

For the Petitioner : Mr. Vishak Bhattacharya, Adv.

Ms. Biyanka Bhattacharya, Adv.

Ms. Ruchira Chatterjee, Adv.

For the State : Mr. Sirsanya Bandopadhyay,

Sr. Standing Counsel

Mr. Sandip Das Gupta, Adv.

Ms. Mahima Cholera, Adv.

Mr. Niket Ojha, Adv.

For the WBCSSC : Mr. Kalyan Bandopadhyay, Sr. Adv.

Mr. Biswarup Bhattacharya, Adv.

Mr. Arka Kumar Nag, Adv.

Mr. Rahul Kumar Singh, Adv.

Hearing concluded on : 23.12.2025

Judgment On : 23.12.2025

SAUGATA BHATTACHARYYA, J.:

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

2. Matter is heard in presence of learned advocates representing the

petitioner, State respondents and West Bengal Central School Service

Commission (for short, “Commission”).

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3. Petitioner participated in 2nd State Level Selection Test, 2025 for being

appointed as an Assistant Teacher of Chemistry for Classes XI-XII.

Petitioner applied by submitting online application form declaring

himself as differently abled candidate under other handicapped (PH-

OH) category. Petitioner participated in the written test and initially

petitioner was treated as a candidate under Physically Handicapped

(PH) category who was awarded 38 marks whereas under PH category

cut-off marks was fixed 36.

4. Grievance of the petitioner is while preparing list of candidates for

participating in ensuing Personality Test instead of PH-OH category he

was considered under General Category as a result whereof petitioner

was found not eligible to participate in Personality Test. It appears

from page 50 of the writ petition that under General Category 67 was

fixed as cut-off marks for participating in Personality Test whereas

petitioner obtained 38. It is contended that petitioner ought not to have

been treated as General Category candidate while considering

candidature of the petitioner for his participation in Personality Test.

5. Case is made out in the writ petition that petitioner is Orthopedically

Handicapped (locomotor disability) . Therefore, he should have been

considered as differently abled candidate and considering marks

awarded to him i.e. 38 he is required to be given opportunity to

participate in ensuing Personality Test as under PH category cut-off

marks fixed is 36.

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6. Mr. Kalyan Bandopadhyay, learned Senior advocate representing the

Commission and Mr. Sirsanya Bandopadhyay, learned senior Standing

Counsel representing State respondents submit that petitioner applied

as Physically Handicapped as well as Orthopedically Handicapped

candidate which comes under sub-classification PH-LD i.e. locomotor

disability. In this regard, attention of this Court has been drawn to the

document at page 44 of the writ petition which goes to show that

petitioner is orthopedically disabled.

7. Another limb of submission made on behalf of the State respondents is

based on order dated 8th July, 2019 issued by the Chief Secretary to

the Government of West Bengal under Section 34(1) of the Rights of

Persons with Disabilities Act, 2016. Copy of said order is placed before

this Court and same is taken on record. As per order dated 8th July,

2019 applying 100- Point Roster at the time of identifying vacancies

32nd vacancy needs to be earmarked for Scheduled Caste candidate

who comes under persons with disabilities - locomotor disability

including cerebral palsy, leprosy cured, dwarfism, acid attack victims

and muscular dystrophy. Under Clause 2 of order dated 8th July,

2019 72nd vacancy is earmarked for unreserved category candidate

having other disabilities i.e. autism, intellectual disability, specific

learning disability, mental illness and multiple disabilities.

8. It is submitted considering the case made out in the writ petition that

petitioner ought not to be treated as PH-OH candidate rather petitioner