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23.03.2026

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MAT 1323 of 2025

+

IA No.: CAN 1 of 2025 (Sec. 5)

+

IA No.: CAN 2 of 2022 (App. Order)

Sri Ananda Halder

– Versus –

The State of West Bengal & Others

Mr. Kamal Mishra,

Mr. Pratap Sanfui

… for the Appellant

Mr. Swapan Kr. Datta,

Mr. Tapas Kr. Roy

… for the State/Respondents.

Mr. B. P. Vaisya,

Mr. Gourav Das,

Ms. Tapati Sarkar

… for the DPSC.

IA No.: CAN 1 of 2025 (Sec. 5)

This is an application for condonation of delay in

preferring the appeal.

Mr. Mishra, learned Advocate appearing for the

appellant/applicant, submits that the delay was not

intentional and occurred due to circumstances beyond the

control of the appellant/applicant. He further submits that

the appellant has a fair chance of success in the appeal and,

as such, a meritorious matter ought not to be rejected on a

technical ground.

The learned advocates appearing for the respective

respondents have left the matter to the discretion of this

Hon’ble Court.

Having noted the submissions made on behalf of the

respective parties, and upon perusal of the averments made

in the application, we are satisfied that there was sufficient

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cause which prevented the appellant from preferring the

appeal within the period of limitation prescribed therefor.

Accordingly, the delay is condoned. The application, being

IA No.: CAN 1 of 2025 is disposed of.

MAT 1323 of 2025

+

IA No.: CAN 2 of 2025

This appeal has been preferred to assail the order dated

8th July, 2024, passed in a writ petition, being WPA 9180 of

2023. By that order, the writ petition was dismissed.

The facts leading to the filing of the present appeal are

that the appellant/writ petitioner, a candidate belonging to a

Scheduled Caste community, applied for the post of Assistant

Teacher in a primary school in the selection process of 2005.

However, initially he was not allowed to participate in the

selection process undertaken by the Council to fill up the

posts of Assistant Teachers in primary schools in the year

2005. Aggrieved thereby, he preferred a writ petition, being

WP 22957 (W) of 2005, which was disposed of by a learned

Single Judge of this Court by an order dated 21st December,

2005, directing the District Primary School Council

concerned to consider the candidature of the writ petitioner

in the next selection process to be conducted by the Council.

Pursuant thereto, the appellant/writ petitioner

submitted his candidature for the post of Assistant Teacher

in the selection process of 2006. The examination in relation

to the 2006 selection process was conducted in 2009, and the

result was published in 2010, based on which a panel was

prepared for the post, which expired on 31st August, 2012.

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In 2020, the appellant/writ petitioner submitted a

representation before the concerned Council, inter alia

claiming that, although he was allowed to participate in the

selection process of 2009, he could not succeed since the

selection process was conducted in accordance with the

recruitment rules of 2009.

Mr. Mishra submits that, though the selection process

was initiated in 2006, the examination was conducted in

2009, and in the meantime, many meritorious candidates

applied for the post; hence, the petitioner has been deprived

of a fair chance to compete.

In rebuttal, Mr. Das, learned Advocate appearing for

the Council, submits that the appellant is an untrained

candidate, and in 2009, two different selection processes

were conducted, in which the appellant’s candidature was

duly considered. However, he secured only 39.139 marks,

whereas the cut-off marks for candidates belonging to the SC

category were 42.811. He further submits that, in the

selection process initiated in 2006 and conducted separately

for untrained candidates in 2009, the appellant’s candidature

was duly considered; however, as he failed to secure the

prescribed cut-off marks, he was not selected for

appointment.

Let the written instructions, as placed by Mr. Das, be

kept on record.

Mr. Roy, learned advocate appearing for the

State/respondents, adopted the submissions advanced by

Mr. Das and prays