Calcutta High Court (Appellete Side)
Ct. (Pritilata Roy & Ors vs The State Of West Bengal & Ors.) on 6 January, 2021
Author: Rajarshi Bharadwaj
Bench: Rajarshi Bharadwaj
Sl. 05 06.01.2021.
&
Ors. WPA 251 of 2021
jks
Ct. (Pritilata Roy & Ors. - Vs -The State of West Bengal & Ors.)
15
With
WPA 254 of 2021
(Shibsankar Giri & Ors. - Vs -The State of West Bengal & Ors.) With WPA 264 of 2021 (Yesmin Sultana. - Vs -The State of West Bengal & Ors.) With WPA 266 of 2021 (Rimpa Mondal - Vs -The State of West Bengal & Ors.) With WPA 268 of 2021 (Purnima Roy Kar. - Vs -The State of West Bengal & Ors.) With WPA 270 of 2021 (Suprabhat Bhunia - Vs -The State of West Bengal & Ors.) WPA 272 of 2021 (Sourav Samaddar & Ors. - Vs -The State of West Bengal & Ors.) With WPA 273 of 2021 (Anindita Garai - Vs -The State of West Bengal & Ors.) With WPA 286 of 2021 (Danish Alam & Ors.. - Vs -The State of West Bengal & Ors.) With WPA 287 of 2021 2 (Debasish Patra & Ors. - Vs -The State of West Bengal & Ors.) With WPA 288 of 2021 (Paritosh Debnath & Ors.. - Vs -The State of West Bengal & Ors.) With WPA 290 of 2021 (Argha Dutta & Ors. - Vs -The State of West Bengal & Ors.) WPA 292 of 2021 (Debalina Das & Ors.. - Vs -The State of West Bengal & Ors.) with WPA 293 of 2021 (Shubham Biswas & Ors. - Vs -The State of West Bengal & Ors.) With WPA 299 of 2021 (Kapil Chandra Ghosh. - Vs -The State of West Bengal & Ors.) With WPA 302 of 2021 (Ashis Kundu & Anr. - Vs -The State of West Bengal & Ors.) With WPA 308 of 2021 (Rajkishore Gorai - Vs -The State of West Bengal & Ors.) With WPA 315 of 2021 (Bacchu Saikh & Ors.. - Vs -The State of West Bengal & Ors.) With WPA 321 of 2021 (Soma Mallick (Paul) & Ors. - Vs -The State of West Bengal & Ors.) 3 With WPA 324 of 2021 (Bonosree Pal & Ors. - Vs -The State of West Bengal & Ors.) With WPA 325 of 2021 (Milan Pattanayak & Ors... - Vs -The State of West Bengal & Ors.) With WPA 326 of 2021 (Somnath Nandy & Ors.. - Vs -The State of West Bengal & Ors.) With WPA 330 of 2021 (Nityananda Ghosh & Or.. - Vs -The State of West Bengal & Ors.) With WPA 332 of 2021 (Papiya Majumdar & Ors. - Vs -The State of West Bengal & Ors.) With WPA 333 of 2021 (Ashim Kumar Bhanja & Ors.. - Vs -The State of West Bengal & Ors.) With WPA 334 of 2021 (Santu Das & Ors. - Vs -The State of West Bengal & Ors.) With WPA 337 of 2021 4 (Sourav Sahoo & Ors. - Vs -The State of West Bengal & Ors.) With WPA 339 of 2021 (Soumik Mandal & Anr.. - Vs -The State of West Bengal & Ors.) With WPA 343 of 2021 (Mozammel Hoque & Ors.. - Vs -The State of West Bengal & Ors.) With WPA 344 of 2021 (Bosir Uddin & Ors... - Vs -The State of West Bengal & Ors.) With WPA 345 of 2021 (Munmum Mandal & Ors.. - Vs -The State of West Bengal & Ors.) With WPA 349 of 2021 (Tapas Pal & Or.. - Vs -The State of West Bengal & Ors.) With WPA 356 of 2021 (Anindita Dey Sen & Ors. - Vs -The State of West Bengal & Ors.) With WPA 357 of 2021 (Binay Dey & Ors.. - Vs -The State of West Bengal & Ors.) With WPA 367 of 2021 (Chayna Dey & Ors. - Vs -The State of West Bengal & Ors.) 5 With WPA 372 of 2021 (Indrani Konar & Ors. - Vs -The State of West Bengal & Ors.) With WPA 379 of 2021 (Nikhilesh Garh & Ors.. - Vs -The State of West Bengal & Ors.) With WPA 384 of 2021 (Sujay Roy & Ors.. - Vs -The State of West Bengal & Ors.) With WPA 385 of 2021 (Swati Ghosh & Ors.. - Vs -The State of West Bengal & Ors.) With WPA 388 of 2021 (Chanchal Roy & Anr.. - Vs -The State of West Bengal & Ors.) Mr. Sandip Kumar Mondal, ... For the Petitioners in WPA 251 of 2021.
Mr. L.K. Gupta, Mr. Subir Sanyal, Mr. Ratul Biswas, ...For the W.B.B.P.E. All the above matters are taken up together as the cause of action in all the writ petitions are similar.
Learned Counsel appearing for the petitioners submits that the notification dated 23rd 6 December, 2020 for recruitment process of Primary Teacher issued by the West Bengal Board of Primary Education is not sustainable in the eye of law as the petitioners should be awarded marks for attempting wrong questions/ options in the key answers of JGB question booklet series. Learned Counsel further submits that as an interim measure the notification dated 23rd December, 2020 should be stayed.
Mr. Gupta, learned Counsel appearing for the West Bengal Board of Primary Education submits that the Board may allow the petitioners to submit applications offline pursuant to the notification dated 23rd December, 2020 and such applications may be duly considered during the recruitment process, provided they submit the applications within the time fixed in the said notification. Board shall be entitled to consider the eligibility of the petitioners as per the Recruitment Rules, 2016.
Heard both the parties. In view of the above, I request the Secretary, West Bengal Board of Primary Education to allow the petitioners to submit applications offline pursuant to the notification dated 23rd December, 2020 and such applications may be duly considered during the recruitment process, provided they 7 submit their applications by 8th January, 2021 though the notification specifies that the applications should be submitted by 6th January, 2021 and this order will be confined only to the petitioners considering the fact that the petitioners have approached the Court within 6th January, 2021. It is obvious that the West Bengal Board of Primary Education is entitled to consider the eligibility of the petitioners as per Recruitment Rules,2016.
With the above direction all the above mentioned writ petitions are disposed of, however, no order as to costs.
Since no affidavit is called for, the allegations made in the writ petitions are deemed to have been denied.
Urgent certified website copy of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.
(Rajarshi Bharadwaj, J.)