Court No. 2 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction

30.7.2025 Appellate Side (Item No. 13)

W.P.A. 9301 of 2025 (AB)

Sukumar Singh & Ors.

VS The State of West Bengal & Ors.

Mr. Ekramul Bari Mr. Sk. Imtiaj Uddin …. For the petitioner Dr. Santanu Kumar Mitra, Sr. Gov. Adv.

Mr. Subhabrata Das …. For the State Dr. Sutanu Kumar Patra Ms. Supriya Dubey …. For WBCSSC Affidavit of service filed in Court today is taken on record.

Pursuant to the liberty granted to the petitioners on July 29, 2025, supplementary affidavit affirmed by the petitioners on July 29, 2025 filed in Court today, is taken on record.

The petitioners participated in two selection processes, namely, 1st State Level Selection Test, 2016 for Classes XI & XII (for short, the 1st Selection Test) and also 1^st State Level Selection Test, 2016 (Upper Primary) (for short, the 2^nd Selection Test) for being appointed as Assistant Teachers in Upper Primary Level Classes.

The petitioners were selected in both the said selection processes, as referred to above and became eligible to participate in the counseling process. Petitioners opted to be appointed as Assistant Teachers in both Secondary/Higher Secondary section of Government aided recognized schools.

The selection process for Classes XI & XII has been set aside by the Hon’ble Supreme Court by its judgment dated April 3, 2025, inter alia, In the matter of The State of West Bengal Vs. Baishakhi Bhattacharyya (Chatterjee) & Ors. along with other Special Leave Petitions. Subsequently, these petitioners have filed the instant writ petition with the following prayers:

“ a. Leave be granted to your petitioner to move this application as ex-parte under Rule 26 of the appellate Side Rules and the same may be dispensed with;

b. A writ of and/or in the nature of Mandamus be issued by directing the concerned respondent authorities particularly the West Bengal Central School Service Commission to allow the petitioners to take part in the counselling process in terms of their empanelment in the merit list and to issue the recommendation letter in favour of the petitioners forthwith;

c. A writ in the nature of Certiorari do issue calling upon the respondents and each of them to certify and transmit to this Court the original records of the case before This Hon’ble Court so that conscionable justice may be rendered to the petitioner by permitting the petitioners to take part in the counselling process.

d. Rule NISI in terms of prayers (a) to (f)

as above;

e. To pass an interim order restraining the respondents to keep 20 post of assistant teacher in upper primary level reserve for the petitioners till the disposal of the instant Writ Application forthwith;

f. Cost and other costs incidental thereto; g. And pass such other further order or order as to your lordship may deem fit and proper.”

The instant writ petition was taken up for consideration by a Co-ordinate Bench on May 14, 2025 when the Co-ordinate Bench directed the West Bengal Central School Service Commission (for short, the Commission) to file its report. The said order further reveals that, it was submitted on behalf of the petitioners that they have submitted their representations before the Commission to avail of an opportunity of counselling.

The supplementary affidavit discloses a notification dated July 24, 2025 issued by the Commission, where under pursuant to the judgment and order of the Hon’ble Division Bench in MAT 638 of 2021 the Commission has called the 8^th phase of counseling scheduled to be held on August 1, 2025 The petitioners pray for participation in the said 8th phase Counselling.

In view of the above, the writ petition was mentioned before this Court and was taken up for consideration first on July 29, 2025 and then today.

Mr. Ekramul Bari, learned counsel appearing for the petitioners has prayed for interim relief in view of the notification for holding 8^th phase of Counselling dated July 24, 2025 for the post of Assistant Teachers. The said notification