Form No. J(2)

IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction (Appellate Side)

W.P.A. NO 28779 OF 2025 SAROAR JAHAN BISWAS VS.

THE STATE OF WEST BENGAL & OTHERS BEFORE: THE HON’BLE JUSTICE SAUGATA BHATTACHARYYA For the Petitioner : Mr. Sakti Pada Jana Ms. Sudipta Pramanik For the State : Mr. Sirsanya Bandopadhyay Mr. Pradipta Siddhanta Mr. Sandip Das Gupta Ms. Mahima Cholera Mr. Niket Ojha For the WBCSSC : Ms. Pramiti Bandopadhyay Mr. Arka Kumar Nag Mr. Rahul Kumar Singh Heard On : 17.12.2025 Judgment On : 17.12.2025 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”).

3. Petitioner participated in 2^nd State Level Selection Test, 2025 for being appointed as an Assistant Teacher of Mathematics 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 70 marks whereas under PH category cut-off marks was fixed 55. Reliance is placed on a document at page 77 of the writ petition wherefrom it appears that validity of Disability Certificate of the petitioner was accepted by the Commission.

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 79A of the writ petition that under General Category 71 was fixed as cut-off marks for participating in Personality Test whereas petitioner obtained 70. 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. Therefore, he should have been considered as differently abled candidate and considering marks awarded to him i.e. 70 he is required to be given opportunity to participate in ensuing Personality Test as under PH category cut-off marks fixed is 50.

6. It is also submitted that petitioner is untainted candidate who got appointment in connection with 1st State Level Selection Test, 2016 for Classes XI-XII and he is working as an Assistant Teacher at present.

7. Mr. Sirsanya Bandopadhyay, learned Senior Standing Counsel representing State respondents submits that petitioner applied as Physically Handicapped as well as Orthopedically Handicapped candidate which comes under sub-classification PH-LD having locomotor disability. In this regard, attention of this Court has been drawn to the statements made in paragraph 3 of the writ petition wherein it is averred that petitioner is orthopedically disabled.

8. Another limb of submission made on behalf of the State respondents is based on Order dated 8^th 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 8^th July, 2019 applying 100- Point Roster at the time of identifying vacancies 32^nd 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 72^nd vacancy is earmarked for unreserved category candidate having other disabilities i.e. autism, intellectual disability, specific learning disability, mental illness and multiple d