Calcutta High Court (Appellete Side)
Jks (Risha Sarkar & Ors vs The State Of West Bengal & Ors.) on 18 January, 2021
Author: Rajarshi Bharadwaj
Bench: Rajarshi Bharadwaj
116 18.01.2021.
&
Ors. WPA 636 of 2021
jks (Risha Sarkar & Ors. - Vs -The State of West Bengal & Ors.)
Ct.
15
with
WPA 631 of 2021
(Suvendu Kumar Das & Ors. - Vs -The State of West
Bengal & Ors.)
With
WPA 642 of 2021
(Tarun Ghosh & Ors.. - Vs -The State of West Bengal & Ors.)
With
WPA 650 of 2021
(Dinesh Dutta & Anr. - Vs -The State of West Bengal & Ors.)
With
WPA 653 of 2021
(Ritwik Dash & Ors. - Vs -The State of West Bengal & Ors.)
With
WPA 661 of 2021
(Tumpa Mondal - Vs -The State of West Bengal & Ors.)
with
WPA 670 of 2021
(Tinku Halder & Anr. - Vs -The State of West Bengal & Ors.)
With
WPA 671 of 2021
(Baby Nasrin & Ors. - Vs -The State of West Bengal & Ors.)
With
WPA 673 of 2021
(Archana Kumari. - Vs -The State of West Bengal & Ors.)
With
WPA 674 of 2021
2
(Uttam Sarkar & Anr. - Vs -The State of West Bengal & Ors.)
With
WPA 675 of 2021
(Hojaifur Rahaman Baidya & Ors. - Vs -The State of West
Bengal & Ors.)
With
WPA 686 of 2021
(Arghajit Karak. - Vs -The State of West Bengal & Ors.)
with
WPA 690 of 2021
(Gobinda Samanta & Ors.. - Vs -The State of West Bengal
& Ors.)
with
WPA 692 of 2021
(Natan Pal & Ors.. - Vs -The State of West Bengal & Ors.)
With
WPA 697 of 2021
(Pankaj Sarkar & Ors. - Vs -The State of West Bengal & Ors.)
With
WPA 702 of 2021
(Chiranjit Das & Ors.. - Vs -The State of West Bengal & Ors.)
With
WPA 708 of 2021
(Rahana Parveen & Ors. - Vs -The State of West Bengal & Ors.)
With
WPA 711 of 2021
(Yarun Ali & Ors.. - Vs -The State of West Bengal & Ors.)
With
WPA 713 of 2021
(Sk. Aybul Islam & Ors. - Vs -The State of West Bengal &
Ors.)
3
With
WPA 723 of 2021
(Rina Saha & Ors. - Vs -The State of West Bengal & Ors.)
With
WPA 730 of 2021
(Ealsin Arafat & Ors. - Vs -The State of West Bengal & Ors.)
With
WPA 731 of 2021
(Monohar Roy - Vs -The State of West Bengal & Ors.)
With
WPA 732 of 2021
(Sajarul Islam & Ors. - Vs -The State of West Bengal & Ors.)
With
WPA 736 of 2021
(Shym Sundar Mandal & Ors.. - Vs -The State of West Bengal
& Ors.)
With
WPA 737 of 2021
(Basudeb Halder & Ors.. - Vs -The State of West Bengal & Ors.)
With
WPA 741 of 2021
(Achintya Das & Ors. - Vs -The State of West Bengal &
Ors.)
With
WPA 742 of 2021
(Subhajit Ghosh & Ors. - Vs -The State of West Bengal & Ors.)
With
4
WPA 748 of 2021
(Sukanta Pramanik & Ors.. - Vs -The State of West Bengal &
Ors.)
With
WPA 764 of 2021
(Manobendra Mukherjee & Anr. - Vs -The State of West
Bengal & Ors.)
With
WPA 766 of 2021
(Shambhunath Ganguly & Ors.. - Vs -The State of West Bengal
& Ors.)
With
WPA 772 of 2021
(Motiur Rahaman & Ors.. - Vs -The State of West Bengal
& Ors.)
With
WPA 776 of 2021
(Kumkum Dey & Ors.. - Vs -The State of West Bengal & Ors.)
With
WPA 778 of 2021
(Rasel Ahmed Tarafdar & Ors. - Vs -The State of West Bengal
& Ors.)
With
WPA 787 of 2021
(Milan Hazra & Ors.. - Vs -The State of West Bengal & Ors.)
With
WPA 792 of 2021
(Sourav Biswas & Ors.. - Vs -The State of West Bengal &
Ors.)
5
With
WPA 795 of 2021
(Bhaskar Mondal & Anr.. - Vs -The State of West Bengal & Ors.)
With
WPA 797 of 2021
(Utpal Das & Ors. - Vs -The State of West Bengal & Ors.)
With
WPA 801of 2021
(Debalina Das. - Vs -The State of West Bengal & Ors.)
Mr. Alokesh Dalia,
... For the Petitioner in
WPA 631 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
December, 2020 for recruitment of primary teachers
issued by the West Bengal Board of Primary
Education restricts itself to TET 2014 qualified
students, is not sustainable in the eye of law, as the
students who appeared in TET 2014, should be
awarded marks for attempting wrong
6
questions/options in the key answers of JGB
question booklet series and as an interim measure
the notification dated 23rd December, 2020 should
be stayed.
Learned Counsel further relies on a
Division Bench Judgement in MAT No. 54 of 2021
arising out of Writ Petition No. 429 of 2021, wherein
Their Lordships Hon'ble Justice Soumen Sen and
Hon'ble Justice Saugata Bhattacharyya have
extended the benefit of filing offline application "to
the writ petitioners considering the fact that they
have approached the Trial Court on or before 6th
January, 2021", but has restricted this order only to
the appellants/writ petitioners in relation to MAT
NO. 54 of 2021.
Mr. Gupta, learned senior Counsel
appearing for the Board submits that the
notification dated 23rd December, 2020 is only for
TET 2014 qualified candidates and it is specified
that the last date for submission of online
application forms was on 6th January, 2021. As the
petitioners in the present writ petition have
approached the Court after 6th January, 2021 and
have filed their writ petition after 6th January, 2021,
the writ petitioners are not standing on the same
footing with the appellants in MAT NO. 54 of 2021.
7
Mr. Gupta further submits that only after
scrutinizing the papers of the writ petitioners, it can
be ascertained whether the petitioners were eligible
for six marks and till it is ascertained, the
petitioners cannot be called as TET qualified
candidates and debars them from filing application
forms for recruitment as primary school teacher.
However, Mr. Gupta prays to file a report regarding
the same.
I find that only after perusal of report, it
can be ascertained whether the petitioners are
qualified as successful candidates. The petitioners
have approached this court after 6th January, 2021,
i.e. after the last date of submission of online forms.
Hence, I request West Bengal Board of Primary
Education to file a report in the form of affidavit
within 4 (four) weeks from date and reply, if any, be
filed within 2 (two) weeks thereafter.
Let this matter again appear in the
combined monthly list of March, 2021.
Action taken, if any, by the respondent
authorities will abide by the result of the writ petitioners.
Mr. Gupta prays that the issue on the question of maintainability of the writ petitions who have approached this Court after 6th January, 2021 8 be kept open.
Let the question of maintainability of the writ petition on the above issue be kept open for final hearing.
Urgent photostat certified copy of this order, if applied for, be given to the parties on the usual undertakings.
(Rajarshi Bharadwaj, J.)