Calcutta High Court (Appellete Side)
Kc Abhijit Ghosh vs The State Of West Bengal & Ors on 30 June, 2021
29 WPA 10789 of 2021
30.06.2021
(Via Vedeo Conference)
KC Abhijit Ghosh
Vs.
The State of West Bengal & Ors.
Mr. Bikash Ranjan Bhattacharya
Mr. Dibyendu Chatterjee
Mr. Firdous Samim
Mr. Pritam Majumdar
Ms. Reshmi Ghosh
Ms. Piyali Pal
Ms. Gopa Biswas.
... for the petitioner.
Dr. Chapales Bandyopadhyay
Mr. Joydip Banerjee.
... for the State.
It has been alleged by the petitioner that the
similar mistakes that occurred in the selection process set
aside by this Court on 11th December, 2020 in WPA No. 9597
of 2019 and other related matters have been committed by
the West Bengal Central School Service Commission (SSC).
The petitioner has pleaded in paragraph 17 of the writ
application the irregularity in distribution of marks by
comparing the marks of the petitioner and the marks awarded
to the private respondent no. 5.
Learned advocate appearing for the petitioner Mr.
Bhattacharya has submitted that several other writ
applications are pending in todays' list with similar allgation
against SSC.
Learned advocate for SSC submits that there is
no mistake and they have followed by letter and spirit the
orders passed by the Hon'ble Court in the above referred
batch of writ applications wherein judgment was delivered on
11.12.2020.
I am prima facie satisfied that a case has been
made out by the petitioner, as appears from paragraph 17 of
the writ application. There is no explanation of the SSC today
in respect of the irregularity. Learned advocate for SSC has
submitted that as the selection process was cancelled by this
Court's order dated 11.12.2020, the marks granted to the
candidates in the said selection process could not be
considered for the fresh selection process, which has been
initiated pursuant to the said order of this Court. I fail to
understand how because of setting aside of the selection
process, the marks against the educational qualification of the
candidates can be obliterated or altered. Due to setting aside
of the selection process the qualifications of the candidates
have not been set aside and it cannot be so. No explanation
has been given as to how the private respondent can be
included in the interview list but the petitioner has not been
included in the said list though the petitioner has obtained
higher marks than the private respondent. In such
circumstances, I direct SSC not to take any further steps in
the selection process they have initiated pursuant to the
order passed by this Court on 11th December, 2020 in WPA
9597 of 2019 and other related matters until further orders.
I direct the petitioner to collect other similar writ
application numbers pending before this Court as he has
submitted that other similar matters are also pending before
this Court by tomorrow and to place those writ application
numbers before this Court by way of mentioning for which he
is granted liberty to appear physically. In my view, the
allegations require thorough checking. It appears to me that
the respondents concerned are under thorough misconception
about the law of recruitment for the school teachers and that
is why such meaningless submissions that because of setting
aside of the recruitment process the marks cannot be given
against the qualifications of the candidates have been made.
The respondents have failed to understand, it appears, by
setting aside of the recruitment process, for example, a
graduate cannot become a non-graduate, he remains a
graduate.
The petitioner is directed to serve copy of this
writ application and also the numbers of other writ
applications which he will supply to this Court tomorrow to the
Government Pleader's Office in the course of the day.
This matter will appear, as requested by the
learned advocate for the State respondent, on Friday i.e. on
2nd July, 2021 at 12.30 P.M. for further hearing
(Abhijit Gangopadhyay, J.)
