Subhadip Patra & Ors vs The State Of West Bengal & Ors
2023 Latest Caselaw 2935 Cal

    2
26.04.2023

adeb

W.P.A. 11002 of 2018

Subhadip Patra & Ors.

Vs.

The State of West Bengal & Ors.

Mr. Ekramul Bari Syed Mansur Ali Ms. Tanuja Basak ....for the petitioners

Dr. Sutanu Kr. Patra Ms. Supriya Dubey ....for the SSC

Petitioners participated in SLST for appointment in

the post of assistant teacher in upper primary section of

Government aided recognized schools. Petitioners have

jointly claimed that though on the last date of

submission of online applications offering their

candidature they were not having training qualification,

but before participation in the selection process they

acquired training qualification as a result whereof the

petitioners ought to have been considered as trained

candidates. It has also been argued that the concerned

authority of West Bengal Central School Service

Commission is required to be directed to treat the

petitioners as trained candidates to appraise the

candidature of the petitioners for preparation of select

list based on merit.

Such prayer made on behalf of the petitioners is

opposed by Dr. Sutanu Kr. Patra, learned Counsel

representing the Commission on the score that the issue

is no more res integra in view of judgment delivered by

the Hon'ble Justice Moushumi Bhattacharya dated 11th

December, 2020 on a batch of writ petitions. In the said

judgment the coordinate Bench had considered the issue

of treating the candidates as trained or untrained based

on third proviso to Rule 4 (1) and it has been accordingly

held that uniform system has to be introduced in terms

of the aforesaid relevant rules.

This Court has considered the submissions made

on behalf of the respective parties and has perused the

judgment of the coordinate Bench dated 11th December,

2020. Considering the relevant Recruitment Rules as well

as the judgment of the coordinate Bench dated 11th

December, 2020 the prayer made by the petitioners in

the present writ petition for treating them as trained

candidates irrespective of date of acquiring training

qualification (even after the last date of submission of

online application) cannot be acceded to and accordingly

the writ petition stands dismissed.

However, there shall be no order as to costs.

Urgent photostat certified copy of the order, if

applied for, be given to the parties, upon usual

undertakings.

(Saugata Bhattacharyya, J.)