Shyamal Dutta & Ors vs The State Of West Bengal & Ors
2023 Latest Caselaw 1498 Cal

28.02.2023 Item No.13 Court No.18 AJ.

W.P.A. 362 of 2023

Shyamal Dutta & Ors.

-Vs-

The State of West Bengal & Ors.

Mr. Dibyendu Chatterjee, Mr. Rahul Deb Goenka, Mr. S. Ghosh.

......for the petitioners. Mr. Supriyo Chattopadhyay, Sr. Govt. Adv. Ms. Tapati Samanta, ... for the State.

Dr. Sutanu Kumar Patra, Ms. Supriya Dubey, ...for the WBCSSC.

Ms. Koyeli Bhattacharyya, ... for the WBBSE.

Mr. Siddhartha Banerjee, Mr. Abhisek Baran Das, Mrs. Srijoni Chongdar.

.......for the intervenors (candidate nos. 8 & 16).

Mr. Anindya Lahiri, Mr. Samrat Dey Paul.

...... for the intervenors (candidate nos.1, 4, 6, 9, 11, 13, 14, 15, 18, 19, 20, 24, 31, 32, 33, 35, 38, 43, 44 & 47). Mr. Biswarup Bhattacharya, Mr. Golam Mohiuddin, Mr. Sakhawat Khandakar, Ms. Swati Jha, .... for the intervenors (candidate nos. 3, 5, 10, 12, 22, 25, 26, 27, 28, 30, 34, 36, 37, 39, 40, 41 & 42).

In the instant writ petition, there is

allegation of manipulation of marks against 47

Assistant teachers who were given appointments

in the selection process of the 1st SLST, 2016 for

Classes IX and X.

The Commission, by the order dated

February 13, 2023, was directed to file a report

in the form of affidavit as to the correctness of

the recommendation of the said 47 teachers.

The Commission has already identified 952

Assistant Teachers, who were recommended in

connection with the said selection process for

appointment on the basis of manipulated marks

and by a notice has proposed to cancel such

recommendations.

Dr. Patra, learned Counsel for the

Commission files the report as directed, let it be

kept with the record. It appears from the list

annexed to the said report being Annexure 'R-1',

that the aforesaid 47 Assistant Teachers are

within the list of the said notified teachers.

This Court is informed that the legality and

propriety of the said notice are under challenge

in appeals (MAT 85 of 2023, MAT 124 of 2023,

MAT 244 of 2023 and MAT 245 of 2023) and the

Hon'ble Division Bench is likely to deliver

judgments on the said appeals tomorrow

(01.03.2023) at 1.00 P.M.

Judicial propriety demands that the hearing

of the writ petition be deferred till the disposal of

the said appeals, as such list the matter

tomorrow (01.03. 2023) at 2 P.M.

Some of the aforementioned 47 teachers

have filed an application (CAN 1 of 2023)

questioning the maintainability of the writ

petition, the same shall also be considered

tomorrow.

Parties to act on the server copy of this

order downloaded from the official website of

this Court.

(Biswajit Basu, J.)