Form No. J(2)

Item No. DL / 06

Suvendu – A.R.(CT)

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction

(Appellate Side)

W.P.A. NO 14049 OF 2025

TAPAS PRAMANICK & ORS.

VS.

THE STATE OF WEST BENGAL & OTHERS

BEFORE: THE HON’BLE JUSTICE SAUGATA BHATTACHARYYA

For the Petitioners : Mr. Ashis Kumar Chowdhury

Mr. Babhru Bahan Bera

Mr. Sudip Jana

For the State : Ms. Parna Roy Chowdhury

Mr. Syed Nasirul Hossain

For the WBCSSC : Dr. Sutanu Kumar Patra

Ms. Supriya Dubey

For the WBBSE : Ms. Koyeli Bhattacharyya

Heard On : 07.08.2025 Judgment On : 07.08.2025

SAUGATA BHATTACHARYYA, J.:

1. Affidavit-of-service filed on behalf of the petitioners is

taken on record.

2. Documents filed in support of petitioners’ putting in deficit court fees are also taken on record.

3. Petitioners participated in the 1^st State Level Selection Test, 2016 for classes IX-X and XI-XII as well as in 1^st State Level Selection Test, 2016 for upper primary level of classes.

4. Learned advocate representing the petitioners submits that petitioners were selected in 1st SLST, 2016 for classes IX-X and XI-XII and on being recommended by the West Bengal Central School Service Commission (hereinafter referred to as ‘Commission’) they joined the post of Assistant Teacher in secondary/ higher section of Government aided schools.

5. It is also submitted on behalf of the petitioners that in 1st SLST, 2016 (Upper Primary) petitioners participated upto the stage of verification of testimonials and marks awarded to the petitioners were above the cut-off marks fixed in the category under which petitioners offered their candidature. It is also contended that petitioners were not allowed to participate in the personality test in connection with 1st SLST, 2016 (Upper Primary) since they were at the material point of time working as Assistant Teachers. By preferring representations in the year 2025 it is also alleged by the petitioners that they were not permitted to participate in the interview. However, petitioners did not pursue remedy in connection with 1^st SLST, 2016 (Upper Primary) after they were not allowed to participate in the personality test since at the material point of time they were working as Assistant Teachers for classes IX-X and XI-XII in other schools.

6. Petitioners lost job in terms of the judgment of the Hon’ble Supreme Court dated 3^rd April, 2025 passed in civil appeal arising out of Special Leave Petition (Civil) No.9586 of 2024 (State of West Bengal vs. Baishakhi Bhattacharyya (Chatterjee) & Ors.). Petitioners now pray for direction upon the Commission which would permit them to participate in the personality test for being selected in 1^st SLST, 2016 (Upper Primary).

7. In support of case made out in the writ petition, reliance is placed on the order of the Hon’ble Division Bench dated 3^rd October, 2024 passed on an intra-court appeal being FMA 734 of 2024 (Sankar Das Vs. The State of West Bengal & Ors.).

8. State respondents, West Bengal Central School Service Commission and West Bengal Board of Secondary Education are represented by learned advocates.

9. Dr. Patra, learned advocate representing the Commission submits that personality test in connection with 1^st SLST, 2016 (Upper Primary) was held in 2021-2022 in terms of the order of the Hon’ble Division Bench. It is also submitted that selection process of 1st SLST, 2016 (Upper Primary) is almost complete and 8th round of counselling was conducted on 1st August, 2025. Therefore, according to the Commission, if at this stage petitioners are permitted to participate in the personality test in connection with 1^st SLST, 2016 (Upper Primary) that would unsettle the selection process where 8^th round of counselling is over.

10. Having considered the respective submissions made on behalf of the parties, this Court finds that it is true the petitioners have lost job in terms of the judgment of the Hon’ble Supreme Court dated 3^rd April, 2025 passed in Baishakhi Bhattacharyya (Chatterjee) (supra) and at the material point of time when p