Calcutta High Court (Appellete Side)
Ct. (Malabika Sahu Alias Malabika Sahu ... vs The State Of West on 7 January, 2021
Author: Rajarshi Bharadwaj
Bench: Rajarshi Bharadwaj
33 & 07.01.2021.
Ors.
WPA 11277 of 2020 ab Ct. (Malabika Sahu alias Malabika Sahu (Das) - Vs -The State of West 15 Bengal & Ors.) With WPA 15 of 2021 (Maumita Mondal & Ors. - Vs -The State of West Bengal & Ors.) With WPA 114 of 2021 (Ibrahim Mondal & Ors.. - Vs -The State of West Bengal & Ors.) With WPA 202 of 2021 (Sampa Mondal - Vs -The State of West Bengal & Ors.) With WPA 232 of 2021 (Ayub Hossain & Ors. - Vs -The State of West Bengal & Ors.) With WPA 236 of 2021 (Souvik Bag & Ors. - Vs -The State of West Bengal & Ors.) with WPA 278 of 2021 (Nur Hassan & Ors. - Vs -The State of West Bengal & Ors.) With WPA 284 of 2021 (Shampa Khatun - Vs -The State of West Bengal & Ors.) With WPA 295 of 2021 (Tapabrata Roy & Ors.. - Vs -The State of West Bengal & Ors.) With WPA 311 of 2021 2 (Habibur Rahaman & Ors. - Vs -The State of West Bengal & Ors.) With WPA 316 of 2021 (Tiya Shaikh & Ors. - Vs -The State of West Bengal & Ors.) With WPA 348 of 2021 (Srimanta Porel. - Vs -The State of West Bengal & Ors.) with WPA 361 of 2021 (Koushik Porel.. - Vs -The State of West Bengal & Ors.) with WPA 364 of 2021 (Subhasis Negel. - Vs -The State of West Bengal & Ors.) With WPA 366 of 2021 (Debasis Dutta - Vs -The State of West Bengal & Ors.) With WPA 369 of 2021 (Tanmoy Negel. - Vs -The State of West Bengal & Ors.) With WPA 371 of 2021 (Ashfaque Ahmed Quaderi - Vs -The State of West Bengal & Ors.) With WPA 373 of 2021 (Chandan Koley.. - Vs -The State of West Bengal & Ors.) With WPA 375 of 2021 (Tuktuki Dholey - Vs -The State of West Bengal & Ors.) 3 With WPA 377 of 2021 (Munna Sarkar. - Vs -The State of West Bengal & Ors.) With WPA 378 of 2021 (Somendu Mal. - Vs -The State of West Bengal & Ors.) With WPA 380 of 2021 (Debabrata Patra. - Vs -The State of West Bengal & Ors.) With WPA 383 of 2021 (Manisha Hati. - Vs -The State of West Bengal & Ors.) With WPA 387 of 2021 (Bulti Bhangi. - Vs -The State of West Bengal & Ors.) With WPA 412 of 2021 (Rimi Mondal & Ors.. - Vs -The State of West Bengal & Ors.) With WPA 413 of 2021 (Babita Mahato. - Vs -The State of West Bengal & Ors.) With WPA 414 of 2021 (Suman Mazumder & Ors. - Vs -The State of West Bengal & Ors.) With WPA 415 of 2021 (Asrika Sultana & Ors.. - Vs -The State of West Bengal & Ors.) 4 With WPA 418 of 2021 (Sheuli Mondal. - Vs -The State of West Bengal & Ors.) With WPA 419 of 2021 (Aparna Das & Ors... - Vs -The State of West Bengal & Ors.) With WPA 422 of 2021 (Lalu Das & Ors.. - Vs -The State of West Bengal & Ors.) With WPA 425 of 2021 (Keshab Chandra Mandal & Or.. - Vs -The State of West Bengal & Ors.) With WPA 424 of 2021 (Nirupa Sardar & Ors. - Vs -The State of West Bengal & Ors.) With WPA 423 of 2021 (Tumpa Patra & Ors.. - Vs -The State of West Bengal & Ors.) With WPA 426 of 2021 (Jahangir Saikh. - Vs -The State of West Bengal & Ors.) With WPA 427 of 2021 (Shyamasri Denre. - Vs -The State of West Bengal & Ors.) With 5 WPA 428 of 2021 (Mahadev Das. - Vs -The State of West Bengal & Ors.) With WPA 416 of 2021 (Yasmin Parvin. - Vs -The State of West Bengal & Ors.) With WPA 430 of 2021 (Kunal Kanti Panda & Ors.. - Vs -The State of West Bengal & Ors.) With WPA 436 of 2021 (Archana Kumbhakar & Ors.. - Vs -The State of West Bengal & Ors.) with WPA 437 of 2021 (Raj Kumar Bera & Ors.. - Vs -The State of West Bengal & Ors.) With WPA 439 of 2021 (Souvik Mondal & Ors... - Vs -The State of West Bengal & Ors.) With WPA 440 of 2021 (Srimanta De & Ors.. - Vs -The State of West Bengal & Ors.) With WPA 442 of 2021 (Subhadip Giri & Or.. - Vs -The State of West Bengal & Ors.) With WPA 443 of 2021 (Purnima Ghosh & Ors. - Vs -The State of West Bengal & Ors.) With 6 WPA 445 of 2021 (Juthika Pal & Ors.. - Vs -The State of West Bengal & Ors.) With WPA 446 of 2021 (Sonamoni Sarkar & Ors.. - Vs -The State of West Bengal & Ors.) With WPA 448 of 2021 (Pradip Sau & Ors.. - Vs -The State of West Bengal & Ors.) With WPA 452 of 2021 (Masud Karim & Ors. - Vs -The State of West Bengal & Ors.) With WPA 454 of 2021 (Madhumita Saha & Ors.. - Vs -The State of West Bengal & Ors.) With WPA 458 of 2021 (Susmita Mondal & Ors.. - Vs -The State of West Bengal & Ors.) With WPA 460 of 2021 (Trina Kunti & Ors.. - Vs -The State of West Bengal & Ors.) With WPA 461 of 2021 (Subhendu Das & Ors.. - Vs -The State of West Bengal & Ors.) With WPA 463 of 2021 (Gouri Bhowmik (Bera). - Vs -The State of West Bengal & Ors.) 7 With WPA 466 of 2021 (Smt. Sumana Samanta (Das). - Vs -The State of West Bengal & Ors.) With WPA 467 of 2021 (Md. Firdous Aktar & Ors.. - Vs -The State of West Bengal & Ors.) With WPA 469 of 2021 (Tapan Kumar Mandal & Ors.. - Vs -The State of West Bengal & Ors.) With WPA 431 of 2021 (Ratan Karmakar & Ors.. - Vs -The State of West Bengal & Ors.) With WPA 432 of 2021 (Pulak Dutta & Ors. - Vs -The State of West Bengal & Ors.) With WPA 421 of 2021 (Sujit Kumar Das & Ors.. - Vs -The State of West Bengal & Ors.) With WPA 410 of 2021 (Rani Karmakar & Ors. - Vs -The State of West Bengal & Ors.) With WPA 435 of 2021 Patrika Chakrabarti (Panda) & Ors.. - Vs -The State of West Bengal & Ors.) 8 Mr. Goutam Acharya, ... For the Petitioners in WPA 11277 of 2020.
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 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 9 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 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 10 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.)