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03 22.12.2025 W.P.A. 29063 of 2025

rkd Ct.02

Ashish Kolay

-vs-

The State of West Bengal & Ors.

Mr. Sudip Ghosh Chowdhury,

Ms. Shreyeta Mitra,

Ms. Pritha Biswas

….for the petitioner.

Mr. Sirsanya Bandopadhyay,

Mr. Tarak Karan,

Mr. Sandip Dasgupta,

Ms. Mahimas Chobesa,

Mr. Nijcet Ojha

….for the State.

Mr. Kalyan Kumar Bandopadhyay,

Mr. Biswaroop Bhattacharya,

Mr. Arka Kumar Naga,

Mr. Rahul Kumar Singh

….for the WBCSSC.

1. Petitioner participated in 2^nd State Level Selection

Test, 2025 for being appointed as Assistant

Teacher in Sanskrit for Classes XI & XII.

2. It is submitted that though petitioner offered

candidature under OBC-B category but petitioner

was treated as General category candidate.

3. It is specifically submitted on behalf of the

petitioner that at the time of document verification

he submitted OBC-B certificate in order to treat the

petitioner under OBC-B category. Petitioner prays

for direction to permit him to participate in ongoing

personality test which will continue till 26^th

December, 2025.

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4. Mr. Bhattacharya, learned advocate representing

West Bengal Central School Service Commission on

instruction submits that petitioner qualified in

written test and thereafter petitioner’s name

featured in the list of candidates prepared for

participation in personality test. 27^th November,

2025 was fixed for document verification prior to

personality test.

5. Petitioner participated in document verification

process but did not submit OBC-B certificate, on

the contrary petitioner submitted two EWS

certificates one for the year 2024-2025 and another

for the year 2025-2026.

6. According to the Commission, since OBC-B

certification was not produced during document

verification petitioner could not be treated as OBC-

B category candidate rather petitioner was treated

as General category candidate.

7. In addition thereto, it is further submitted that

personality test for filling up the post of Assistant

Teacher in Sanskrit for Classes XI & XII concluded

on 19^th December, 2025.

8. In support of such submission memo dated 22^nd

December, 2025 signed by the Secretary, West

Bengal Central School Service Commission on 22^nd

December, 2025 and two EWS certificates which

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were submitted by the petitioner during document

verification process are placed before this Court

and same are taken on record.

9. In view of the submissions made on behalf of the

parties and taking note of the relevant materials

available on record, Court finds that though

petitioner has made out a case that in spite of

submitting OBC-B certificate at the time of

document verification he was not treated as OBC-B

category candidate but such submission is

disputed by the learned advocate representing the

Commission.

10. According to the Commission during document

verification OBC-B certificate was not produced,

petitioner produced two EWS certificates for the

year 2024-2025 and 2025-2026.

11. In view of rival submissions made on behalf of the

partiers, Court finds that the issue needs to be

decided on exchange of affidavits.

12. Let affidavit-in-opposition to this writ petition be

filed by two weeks after ensuing X-Max vacation

and affidavit-in-reply, thereto if any, be filed by two

weeks thereafter.

13. Petitioner shall be at liberty to mention the matter

before the appropriate Bench for hearing after the

time fixed hereinabove for exchanging affidavits.

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14. At this stage prayer for interim order to the extent

of participation of the petitioner in the personality

test, is refused. In the event writ petition is

allowed, concerned authority of Commission shall

be required to make necessary arrangements

thereby permitting the petitioner to participate in

the personality test in connection with 2^nd SLST,

2025.

(Saugata Bhattacharyya, J.)