Calcutta High Court (Appellete Side)
(Ad 71) vs The State Of West Bengal & Ors on 7 December, 2021
Author: Abhijit Gangopadhyay
Bench: Abhijit Gangopadhyay
Court No. 17 WPA 5542 of 2021 07.12.2021
Kanta Kisku & Ors.
(AD 71) Vs. The State of West Bengal & Ors.
(S. Banerjee) (Via Video Conference) Mr. Partha Sarathi Roy Barman Mr. Anindya Sundar Das Mr. Sounak Ghosh Ms. Avipsa Sarkar Mr. Saurov Mallick ... for the petitioners Dr. Chapales Bandyopadhyay Ms. Atmaja Bandyopadhyay Ms. Anandamoyee Dutta ... for the WBCSSC Let the affidavit of service filed in court today be kept on record.
This writ application has been filed by 65 petitioners though court fees in respect of only one have been paid.
I waive payment of court fees in respect of 64 other writ petitioners as the petitioners belong to scheduled tribe and they are the aspirants for the post of Assistant Teacher in Santhali medium schools.
The petitioners have placed Rule 10(3) and also Schedule B of West Bengal School Service Commission (Selection for appointment to the posts of Assistant Teachers in Junior High, Secondary and Higher Secondary Schools) Rules, 2019.
In course of submission learned advocate for the petitioners also referred to Schedule B wherein in serial number 2 in respect of mains examination it is found 2 that the mains examination comprises of written examination and weightage. The weightage portion is at the bottom of Schedule B. Learned advocate for the petitioner has not been able to understand how weightage is given.
Then I asked Mr. Bandyopadhyay, the learned advocate for the Commission, to explain how weightage is given in such matters by his clients when he submitted that it is wholly out of context and it is not pleaded in the writ application and in this regard he wanted to file affidavit in opposition if any infraction is made and if the authority acted not in consonance with the Rules.
Whether the authority acted in consonance with the Rules or not, will be decided latter. But as of now nobody present today in court, including the learned counsel for the Commission, could clarify how weittage is given.
Therefore, I direct the Chairman of the West Bengal Central School Service Commission to appear personally along with the Secretary of the Commission tomorrow at 10:30 a.m. to clarify how wrightage is given as has been mentioned in Schedule B as his counsel is unable to clarify the procedure of giving weightage.
List this matter tomorrow at 10:30 a.m. as a 'Specially fixed matter' when the Chairman would appear before this court along with the Secretary of the Commission to clarify the question of granting of weightage as has been mentioned in Schedule B. 3 I direct the learned advocate for the Commission to communicate the gist of the order immediately to the Chairman of the Commission.
(Abhijit Gangopadhyay, J.)