St vs The West Bengal Central School
2021 Latest Caselaw 397 Cal

10 21.01.2021
Sc
                                   W.P.A. 1445 OF 2021
                                      ----------------------

(Through Video Conference)

,

Md. Delawar Hossain Molla St Vs.

The West Bengal Central School Service Commission & Anr.

,,

Mr. Biswaroop Bhattacharya Mr. Golam Mohiuddin.

... For the Petitioner Dr. Chapales Bandyopadhyay Ms. Anandamayee Dutta.

... For the Respondents

1. This is an application under Article 226 of the

Constitution of India wherein the writ petitioner is

aggrieved by the non-consideration of his B.Ed. degree in

the First State Level Selection Test for recruitment of

Assistant Teachers - 2016 in Upper Primary Level of

Schools.

2. The case of the petitioner is that inadvertently his

training experience was not provided in the application

that was made in the year 2014. He submits that he was

actually in possession of a B.Ed. degree at that time. He

prays that his B.Ed. degree may be considered.

3. Dr. Chapales Bandyopadhyay, learned counsel,

who normally appears for the West Bengal Central School

Service Commission, is requested to appear in this

matter. His appointment be regularised.

4. Dr. Bandyopadhyay has submitted that the order of

the coordinate Bench with regard to the quashing of the

selection process is very clear and does not allow any

changes to be made in the application form that was

made in the year 2016.

5. I have heard counsel appearing for the parties and

perused the materials on record. I am at consensus ad

idem with the argument of Dr. Bandyopadhyay.

Accordingly, I see no reason to interfere in granting any

relief to the writ petitioner.

6. Law on this subject has been laid down by a catena

of Supreme Court and Division Bench judgments of this

Court and the same is that - nobody can be permitted to

improve qualification subsequent to the date of the cut

off. In the present case, the petitioner himself did not

mention his qualification, and therefore, at this late stage

no exception can be made.

7. With the above direction, the writ petition is

accordingly dismissed. There will be no order as to costs.

8. Since no affidavit-in-opposition is called for, the

allegations made in the writ petition are deemed not to

have been admitted.

Urgent photostat certified copy of this order, if

applied for, be given to the parties upon compliance of all

necessary formalities.

(Shekhar B. Saraf, J.)