19.02.2026 Sl. No.254-256(DL)

Ct. No.14 IN THE HIGH COURT AT CALCUTTA srm CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 3198 of 2026 Nachiketa Nag & Ors.

Versus The State of West Bengal & Ors.

with WPA 3203 of 2026 Sadaf Yasmeen Versus The State of West Bengal & Ors.

with WPA 3210 of 2026 Debasish Das & Anr.

Versus The State of West Bengal & Ors.

Mr. Fidous Samim, Ms. Gopa Biswas, Mr. Hasanuz Zaman Molla, Ms. Ankita Ghosh, Ms. Hena Sardar, Mr. Ayush Majumdar, Mr. Rajosik Dutta … for the Petitioners (in WPA 3198 of 2026 &

WPA 3203 of 2026)

Mr. Anindya Lahiri, Sr. Adv.

Ms. Pranati Das, Mr. Biplab Pal, Mr. Subhomoy Paul, Mr. Anish Chakraborty …for the Petitioners (in WPA 3210 of 2026)

Mr. Subir Sanyal, Sr. Adv.

Mr. Dwarikanath Mukherjee, Mr. Ratul Biswas, Mr. Kaushik Chowdhury …for the WBBPE (in all writ petitions)

Ms. Pramiti Bandopadhyay, Mr. Akash Dutta …for the State.

(in WPA 3198 of 2026)

Mr. Malay Kumar Singh, Mr. Sabyasachi Mukherjee …for the State (Ms. Pramiti Bandopadhyay, Mr. Akash Dutta …for the State.

(in WPA 3203 of 2026)

Mr. Amitava Mitra, Mrs. Ujani Pal (Samanta)

…for the State (in WPA 3210 of 2026)

1. Since the subject matters pertaining to the present writ petitions are similar, hence these matters are taken up analogously.

2. Affidavits-of-service filed on behalf of the petitioners in all the writ petitions are taken on record.

3. In the aforesaid writ petitions, the petitioners have sought for directions to allow them to participate in Teacher Eligibility Test (in short “TET”) which is to be conducted vide Notification under Memo No.2061/ WBBPE/2025/60R-09/25 dated 15^th September, 2025.

4. The writ petitioners contend that they are pursuing courses approved by the Rehabilitation Council of Indian (in short, “RCI”) for special education as required for appointment to the post of Special Education Teacher in primary schools. The petitioners claim that they should be allowed to participate in TET examination as a pursuing candidate.

5. Mr. Firdous Samim, learned Advocate for the petitioners in WPA 3198 of 2026 and WPA 3203 of 2026 submits that the pursuing candidates have been allowed by this Court in batch of writ petitions to participate in the TET examination in terms of Notification dated 15th September, 2025 vide order dated 2^nd December, 2025. The petitioners are similarly circumstanced and as such they may also be allowed to participate in the TET examination. Although the writ petitions have been filed after the last date of submission of application i.e. 2nd December, 2025, however such aspect would not restrict the authorities to accept the candidature of the petitioners to participate in the TET examination. He submits that in the year 2022, the Board issued a notification, allowing all the pursuing candidates to participate in the TET examination. To buttress his contention, he relies on the decisions of the Hon’ble Supreme Court:

(i) Lt. Col. Suprita Chandel versus Union of India & Ors. reported in 2024 SCC OnLine SC

3664 (ii) K.I. Shephard & Ors. versus Union of India & Ors. reported in (1987) 4 SCC 431

6. On the prayer of the learned Senior Advocate for the petitioners in WPA 3210 of 2026, leave is granted to file supplementary affidavit. Copy served.

7. Supplementary affidavit filed on behalf of the petitioners in the aforementioned writ petition is taken on record.

8. Mr. Anindya Lahiri, learned Senior Advocate appearing for the petitioners in WPA 3210 of 2026 in similar breath submits that since the petitioners are similarly circumstanced and the findings in the judgment of this Court in the earlier writ petition is a judgment in rem, hence it is equally applicable to all the persons similarly circumstanced irrespective of the fact that the writ petition has been filed belatedly. The normal rule is when a particular set of candidates are given relief by the Board, all other identically situated persons need to be treated alike by extending the same benefits. To buttress his contention he relies on the decision of t