Form No. J(2)

Item No. DL / 35 ARPAN – A.R.(CT)

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction

(Appellate Side)

W.P.A. NO 19812 OF 2025

MAMPI ROY @ MAMPI MONDAL ROY

VS.

THE STATE OF WEST BENGAL & OTHERS

BEFORE: THE HON’BLE JUSTICE SAUGATA BHATTACHARYYA

For the Petitioner : Mr. Sudip Ghosh Chowdhury, Adv.

Ms. Debalina Chakraborty, Adv.

Ms. Pritha Biswas, Adv.

For the State : Mr. Tapas Kumar Dey, Adv.

Ms. Rituparna Ghosh, Adv.

For the WBCSSC : Dr. Sutanu Kumar Patra, Adv.

Ms. Supriya Dubey, Adv.

Hearing Concluded On : 18.09.2025 Judgment On : 18.09.2025

SAUGATA BHATTACHARYYA, J.:

1. Affidavit-of-service filed on behalf of the petitioner is taken on record.

2. Petitioner participated in two selection processes, namely, 1^st State Level Selection Test, 2016 for classes IX & X and also 1^st State Level Selection Test, 2016 (Upper Primary) for being appointed as Assistant Teacher in upper primary level of classes.

3. It needs to be recorded herein in view of submission made on behalf of the petitioner that petitioner was selected in both the selection processes for being counselled in order to offer job of Assistant Teacher in classes IX & X in connection with 1^st SLST, 2016 and upper primary level of classes in connection with 1^st SLST, 2016 (Upper Primary).

4. Petitioner opted to be appointed as an Assistant Teacher in secondary section of a Government aided recognized school since according to the petitioner, it was better opportunity for her to work as an Assistant Teacher in secondary section rather than working in upper primary level of classes as that would have been beneficial in terms of payment of salaries and other emoluments.

5. The selection process i.e. 1^st SLST, 2016 for Classes IX & X has been set aside by the Hon’ble Supreme Court vide judgment dated 3^rd April, 2025 delivered in Appeal arising out of Special Leave Petition (Civil) No. 9586 of 2024 (State of West Bengal vs. Baishakhi Bhattacharyya (Chatterjee) & Others). Subsequently, petitioner has approached this Court with the present writ petition in order to permit her to participate in the counselling process being an eligible candidate for being selected for the post of Assistant Teacher in upper primary level of classes in view of petitioner’s participation in 1^st SLST, 2016 (Upper Primary).

6. In support of such contention relevant part of the merit list is annexed to this writ petition at page 18.

7. It is submitted on behalf of the petitioner if without diluting merit petitioner comes within the zone of consideration, she may be permitted to participate in the next counselling.

8. In this regard, reliance is placed on an order dated 9^th June, 2025 passed in a writ petition being WPA 9980 of 2025 (Mukti Biswas vs. State of West Bengal & Ors.). Reliance is also placed on the order of a Co-ordinate Bench dated 30^th July, 2025 passed in WPA 9301 of 2025 (Sukumar Singh & Ors. vs. The State of West Bengal & Ors.)

9. Dr. Patra, learned advocate representing West Bengal Central School Service Commission (for short, ‘Commission’) opposes the prayer of the petitioner to allow her to participate in the counselling in connection with 1^st State Level Selection Test, 2016 (Upper Primary) since petitioner in spite of being permitted to participate in the previous round of counselling did not turn up. It is also submitted at this stage if petitioner is permitted to participate in the counselling and if she comes within the zone of consideration, that would make the entire process topsy-turvy.

10. Another limb of submission made on behalf of the Commission is if petitioner is permitted to participate in the counselling, a candidate who has already been chosen for counselling would be ousted.

11. First before considering the issue raised in this writ petition, this Court needs to find out whether petitioner is ‘untainted’ candidate or not in connection with the selection process of 1^st SLST, 2016 for Classes IX & X since in terms of the judgment of the Hon’ble Supreme Court dated 3^rd Apr