Calcutta High Court (Appellete Side)
Barnali Kuiri & Ors vs The State Of West Bengal & Ors on 5 January, 2021
Author: Rajarshi Bharadwaj
Bench: Rajarshi Bharadwaj
99 05.01.2021.
jks
Ct.
WPA 10746 of 2020
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(Via Video Conference)
Barnali Kuiri & Ors.
Vs
The State of West Bengal & Ors.
Mr. Rudranil De,
Ms. Anwasha Halder
... For the Petitioners.
Mr. L.K. Gupta,
Mr. Subir Sanyal,
Mr. Ratul Biswas,
...For the W.B.B.P.E.
Learned Counsel appearing for the
petitioners submits that the notification dated 23rd 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 petitioner 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 2 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 direct 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 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.
The writ petition is disposed of, however, no order as to costs.
Since no affidavit is called for, the allegations made in the writ petition are deemed to have been denied.
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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.)