12th Dec., 2025 In the High Court at Calcutta Item no.D/L 20 Court No. 18 Constitutional Writ Jurisdiction Pradip, A.R.(Ct.)

Appellate Side Case No. WPA 28391 of 2025 (CAN 1 of 2025) (CAN 2 of 2025) (Not in the list)

In the matter of :

Arpan Mukherjee …. Petitioner VS.

The State of West Bengal & Ors.

….Respondents For the Petitioner:

Mr. Sudipta Dasgupta Mr. Sandwip Sutradhar Mr. Sutirtha Nayek Mr. Baibhav Roy ….Advocates For the WBCSSC:

Mr. Biswaroop Bhattacharjee Mr. Arka Kr. Nag Mr. Rahul Kr. Singh ….Advocates For the State:

Mr. Sirsanya Bandopadhyay, Sr. SC.

Ms. Tapati Samanta Mr. Sandip Das Gupta Ms. Mahima Cholera Mr. Niket Ojha ….Advocates For the Applicant(s) (CAN 1 of 2025):

Mr. Samim Ahammed Mr. Arka Maiti Ms. Gulsanwara Pervin ….Advocates For the Applicant(s) (CAN 2 of 2025):

Mr. Pratik Dhar, Sr. Adv.

Mr. Samir Halder Mr. Snehal Sinha ….Advocates In Re:- CAN 1 of 2025 & CAN 2 of 2025

1. Two applications for addition of party being CAN 1 of 2025 & CAN

2 of 2025 have been filed.

2. Though the aforesaid two applications are not appearing in the list, the Court is inclined to treat the applications as on day’s list.

3. Any order in the instant writ petition may affect the candidature of the applicants in the ongoing recruitment process for appointment of assistant teachers conducted by the West Bengal Central School Service Commission. Accordingly, the applicants are required to be added as parties in the instant writ petition.

4. The applications being CAN 1 of 2025 & CAN 2 of 2025 are allowed and the same stands disposed of.

5. The department is directed to make the necessary amendment in the cause title.

In Re:- WPA 28391 of 2025

1. The petitioner claims to be a member of the economically weaker section of the society. He applied for recruitment in the 2^nd SLST- 2025. He prays for a direction upon the Commission to treat his candidature under the EWS category because the petitioner possessed EWS certificate on and before the last date of filling the application, that is, 21^st July, 2025.

2. It is the submission of the petitioner that because of candidates ineligible to be treated under the reserved category being permitted to participate in the recruitment process, the petitioner may lose the chance to get the benefit of reservation.

3. The applicants also claim to be the members of the economically weaker section of the society but the difference between the applicants and the petitioner is that the applicants did not possess the EWS certificate on or before the last date of filling the application form.

4. The applicants claim that they applied for obtaining the certificate within the last date of filling the application form but received the same beyond the last date.

5. The applicants’ case is that they obtained the EWS certificate within the extended time period provided by the Commission for updating/editing their category.

6. According to the Commission and the State respondents, only the candidates who possessed the EWS certificate on or before the last date of filling the application form, that is, 21^st July, 2025 will get the benefit of reservation under the EWS category.

7. It has been submitted that the candidates who possessed the EWS certificate in the last financial year are also being provided the benefit of reservation provided that they have applied for obtaining fresh certificate prior to 21^st July, 2025.

8. Whether the relief sought for by the petitioner can be allowed or not has to be decided.

9. Let copy of the applications be served upon all the parties.

10. It will be open for the respondents/added respondents to file their affidavit in opposition to the writ petition by 30^th December, 2025.

11. Relist the matter for further consideration on 7^th January, 2026.

12. The candidature of the petitioner and the applicants shall abide by the result of the instant writ petition.

13. All parties are to act on the server copy of this order duly downloaded from the official website of this court.

14. Certified copy of this order, if app