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2026 Supreme(Online)(Cal) 3621

In the High Court at Calcutta


31.10.2026 SL - 1 Ct.-7 (SD/NMD/MD)


WPA 31572 of 2026


Mohabul Islam & Ors. -Vs- The State of West Bengal & Ors.


Mr. Sudipta Dasgupta, Adv.

Mr. Sagar Dey, Adv.

Mr. Suryatapa Das, Adv.

Ms. Sinjini Chakraborty, Adv.

.....for the Writ Petitioners

Mr. Mohit Karati, Adv. (VC)....for Petitioner no. 1

Sk. Raju Ali, Adv. (VC)....for Petitioner no. 2

Mr. D. N. Roy, Ld. GP

Mr. Guddu Singh, Adv. (VC)

Mr. Sourav Haldar, Adv....for the State-Respondent Nos. 1 to 3

Mr. Subir Sanyal, Ld. Sr. Adv.

Mr. Ratul Biswas, Adv.

Mr. Koushik Chowdhury, Adv.....for WBBPE

Mr. Chitta Priya Ghosh, Adv.

Mr. Somesh Kumar Ghosh, Adv.

Mr. Kuntal Roy, Adv.

Mr. Sourojit Mukherjee, Adv.....for the intervenors


(Arjun Ray Mukherjee, J.)

1. Affidavit-of-service, filed by the petitioners in Court today, is taken on record.

2. The petitioners, by filing this writ petition, have, inter alia, prayed for the following relief:

“b. A Writ and/or in the nature of Mandamus commanding the respondent authorities their agents, servants, subordinates, employees and/or assignees herein to set aside and quash and/or rescind and/ or withdraw the Notification being Memo No. 3536/ WBBPE/ 2026/59R-09/2024 dated 14th October, 2026; alternatively a Writ and/or in the nature of Mandamus commanding the respondent authorities and their agents, servants, subordinates, employees and/or assignees herein to modify and/or amend the Notification being Memo No. 3536/ WBBPE/ 2026/59R-09/2024 dated 14th October, 2026 by allowing the Petitioners to update the EWS Category in respect of Recruitment Notification being Memo No. 2141/ WBBPE/ 2025/59R-09/2024 dated 25th September, 2025 read with the Memo No. 2367/ WBBΡΕ/ 2025/59R-09/2024 dated 19th November, 2025.”

3. The facts of the petitioners, as set forth in the instant writ petition, are as follows: By recruitment notifications dated 25th September, 2025 and 19th November, 2025, the West Bengal Board of Primary Education (hereinafter referred to as “the said Board”) invited applications from eligible candidates for recruitment of Assistant Teachers in Government-aided / Government-sponsored Primary / Junior Basic Schools in the State, in accordance with the provisions of the West Bengal Primary School Teachers Recruitment Rules, 2016 for filling up of 13,421 vacant posts.

4. The petitioners applied for the said posts as OBC-A or OBC-B candidates. During the pendency of the selection process, a Division Bench of this Court, by a judgment and order dated 17th June, 2025 in WPA (P) 111 of 2025 (Amal Chandra Das Vs. State of West Bengal & Ors.) and in other writ petitions, inter alia, passed the following direction:

“For the reasons as discussed above, the operation of the notification no. 917-BCW/MR-33/2025 dated 8th May 2025, notification nos. 1056-BCW/MR-33/2025 (Pt. I) and 1057-BCW/MR-38/2025 dated 27th May, 2025, notification nos. 1106-BCW/MR-38/2025 and 1107-BCW/MR-38/2025 dated 3rd June, 2025 and notification no. 912/Secy/BCW dated 13th June, 2025 and all other consequential steps taken shall remain stayed till the end of July, 2025 or until further orders, whichever is earlier.”

5. Subsequently, the State of West Bengal, challenging the judgment and order dated 17th June, 2025, filed a Special Leave Petition, being SLP (C) No. 17422 of 2025 (The State of West Bengal Vs. Purobi Das & Ors.). The said Special Leave Petition was taken up for consideration by the Hon’ble Supreme Court on 28th July, 2025 and the Hon’ble Supreme Court, by an order, stayed the operation of the judgment and order dated 17th June, 2025 passed by the Division Bench of this Court.

6. Mr. Sudipta Dasgupta, learned counsel appearing for the petitioners, referred to a notification dated 18th May, 2026, issued by the Backward Classes Welfare Department, Government of West Bengal, whereby the notifications dated 8th May, 2025, 27th May, 2025 and 3rd June, 2025 along-with notification dated 12th June, 2025 were withdrawn. On the same day, the Backward Classes Welfare Department, Government of West Bengal, issued a notification dated 18th May, 2026 whereby a list of OBCs was published consisting of 66 classes to avail 7% reservation in the services and posts under the Government of West Bengal.

7. Mr. Dasgupta, further referred to an order dated 14th July, 2026, passed in the aforesaid SLP, whereby the Hon’ble Supreme Court dismissed the SLP preferred by the State of West Bengal and West Bengal Commission for Backward Classes as withdrawn.

8. Mr. Dasgupta also placed reliance on a notification dated 14th October, 2026 issued by the said Board. By the said notification the Board extended an opportunity to those candidates who had applied under OBC-A and OBC-B categorie

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