Kabita Auddya vs West Bengal Central School ...
2022 Latest Caselaw 740 Cal

Item No. 5


                             In The High Court At Calcutta
                            Constitutional Writ Jurisdiction
                                 (via video conference)
22.02.2022
  Ct-24
                                  WPA 27778 of 2014
                                    Kabita Auddya
                                          v.
                            West Bengal Central School Service
                                   Commission & Ors.
                                          with
                                      CAN 1 of 2015
                                (Old CAN No. 3601 of 2015)



                   Mr. Sudipta Dasgupta
                   Mr. Bikram Banerjee
                   Mr. Arkadeb Biswas
                                 ... for the petitioner.

                   Dr. Sutanu Patra
                   Ms. S.Dubey
                              ... for SSC.


                   The petitioner participated in the 12th RLST (AT)

             2011 conducted by the West Bengal Central School

             Service Commission.

                   The primary allegation of the petitioner is that

             though   she     secured   more   marks    than     the   last

             empanelled candidate in the general category, she was

             not called to appear either in the personality test or

             counselling.

                   The petitioner specifically cites example of one

             Sreemoyee Bandopadhyay who belongs to the general

             category and secured less marks than her, has been
                               2




called for interview, counselling and later issued the

appointment letter.

      The petitioner secured 59 marks without the

marks     of   interview     and   the   said   Sreemoyee

Bandopadhyay secured total marks 58.50 after addition

of marks obtained in the interview.

      The writ petition was initially heard by a co-

ordinate Bench of this Court and by an order dated

November 12, 2014, the Court was pleased to dispose of

the writ petition by passing suitable directions.

      The Court directed the School Service Commission

to take steps for withdrawal of the recommendation in

favour of Sreemoyee Bandopadhyay. The said Sreemoyee

Bandopadhyay was not impleaded as party respondent

in the said writ petition.

Being aggrieved by the order passed by the learned

Court, Sreemoyee Bandopadhyay preferred a leave to

appeal before the Hon'ble Division Bench. By a judgment

dated December 18, 2014 the Hon'ble Division Bench

was pleased to allow the application for leave to appeal.

The Hon'ble Division Bench was pleased to set

aside the order passed by the learned single Bench and

remanded the matter back to the learned trial Judge for

hearing after joining the applicant as party respondent

therein. Leave was also granted to the learned advocate-

on-record of the present petition to file appropriate

application for amending the pleadings in the writ

petition.

The Hon'ble Division Bench in the judgment

recorded that Sreemoyee Bandopadhyay after being

selected for appointment as assistant teacher in

Geography (H/PG) was recommended by the

Commission for appointment in Kaste Kumari High

School (H.S.) in the District South 24 Parganas. She

joined the post and her appointment was subsequently

approved by the District Inspector of Schools (S.E.),

South 24 Parganas on July 21, 2014 with effect from

April 30, 2014.

The Court took note of the fact that the said

Sreemoyee Bandopadhyay was serving as a confirmed

assistant teacher in Geography in Pearah Teghoria High

School even before she was recommended for

appointment as an assistant teacher in Geography. She

appeared for the second time in the selection process

initiated by the School Service Commission and after she

became successful she was appointed as the assistant

teacher of the present school i.e. Kaste Kumari High

School. She accepted such offer of appointment after

tendering her resignation before her erstwhile employer

and presently there is no scope for her to rejoin the

school after she tendered her resignation thereat.

Pursuant to the leave granted by the Hon'ble

Division Bench, the petitioner has filed application for

amendment of the writ petition, wherein apart from the

grounds taken in the earlier writ petition further ground

has been taken.

It has been alleged that non-trained candidates

were issued letter of appointment for filling up the

vacancies in question even though trained candidates

were available.

The petitioner being an eligible trained candidate

ought to have been considered for issuance of the letter

of appointment.

The petitioner seeks to implead Sreemoyee

Bandopadhyay as party respondent in the application

praying for amendment. Copy of the application for

amendment was served upon the said proposed

respondent, but none appears on her behalf.

Affidavit-of-service filed in Court is taken on

record.

No affidavit-in-opposition has also been filed by

the School Service Commission in response to the

application for amendment filed by the petitioner.

Accordingly, the prayer of the petitioner for

amendment of the writ petition stands allowed.

A formal amended writ petition be filed by the

petitioner within a week from date. Copy of the

amendment writ petition be served upon the learned

advocate representing the School Service Commission

and the added respondent.

Let the matter appear in the list once again on

March 10, 2022.

The learned advocate appearing on behalf of the

Commission is directed to file a short report by way of

affidavit dealing with the contentions made by the

petitioner in the amended writ petition.

CAN 1 of 2015 disposed of.

Urgent photostat certified copy of this order, if

applied for, be supplied to the parties upon completion

of usual legal formalities.

Sh                                      (Amrita Sinha, J.)