Dated : 12.12.2025 Officer : AGM.

In The High Court At Calcutta Constitution Writ Jurisdiction Appellate Side WPA 28627 of 2025 Jakir Hossain Vs The State of West Bengal & Ors.

Mr. Firdous Samim.

Ms. Gopa Biswas.

Mr. Hasanuz Samim Molla.

Ms. Ankita Ghosh.

Mr. Ayush Majumdar. ……For the petitioner.

Mr. Biswaroop Bhattacharya.

Mr. Arka Kumar Nag.

Mr. Rahul Kumar Singh.

… For the WBCSSC.

Mr. Sirsanya Bandopadhyay. Sr. S.C.

Ms. Debollena Ghosh.

Mr. Sandip Das Gupta.

Ms. Mahima Chobera.

Mr. Niket Ojha.

… For the State.

Ms. Koyeli Bhattacharya.

Mr. Bibek Datta.

… For the WBBSE.

1. The petitioner participated in the recruitment process conducted by the West Bengal Central School Service Commission, 2025 for classes XI-

XII.

2. He has been found to be disqualified for interview and lecture demonstration as he is over aged and his name has been incorporated in the list published by the Commission on 22^nd November, 2025.

3. According to the petitioner, as he is an untainted unappointed candidate of the 2016 recruitment process, he ought to be given the benefit of age relaxation.

4. Prayer has been made to permit the petitioner to participate in the interview process.

5. The aforesaid submission of the petitioner is opposed by the respondents. Submission is that the petitioner approached the Court at a very delayed point of time. There is no declaration of the status of the petitioner whether he is untainted or not.

6. It has been further submitted that if the petitioner is permitted to take the interview, then the entire selection process may be jeopardised.

7. The petitioner has placed reliance on the order passed by this Court on 3^rd December, 2025 in WPA 27648 of 2025 in the matter of Subir Sarkar & Ors. –Vs- The State of West Bengal & Ors wherein in respect of the non-teaching staff, the Court permitted the untainted unappointed candidates of the 2016 recruitment process to participate in the present recruitment process with age relaxation.

8. It is noted that if the writ petition is allowed, then the petitioner would be entitled to the benefit of age relaxation. After the selection process is over, it may not be possible for the Commission to immediately accommodate the petitioner in any declared vacancy.

9. Accordingly, as an interim measure the Commission is directed to permit the petitioner to participate in the interview and lecture demonstration process.

10. The marks obtained by the petitioner in the interview and lecture demonstration shall not be published by the Commission but will be retained in a sealed cover to be placed before this Court as and when called for.

11. If it is found that the petitioner secures marks more than the last qualified candidate in the interview and the lecture demonstration, then only the writ petition will be taken up for further consideration.

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

13. Re-list the matter on 13^th January, 2026.

14. Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible.

15. All parties shall act on the basis of a server copy of this order duly downloaded from the official website of this Court.

(Amrita Sinha, J.)