Nasrat Begum vs The State Of West Bengal & Ors
2023 Latest Caselaw 4411 Cal

20.07.2023 (S/L-54) Ct.-18 (Sandip) W.P.A. 9094 of 2023

Nasrat Begum

-Vs-

The State of West Bengal & Ors.

Mr. Ramkrishna Bhattacharyya, Mr. Kaushik Chowdhury, Ms. Busra Khatun .... For the petitioner.

Dr. Sutanu Kr. Patra, Ms. Supriya Dubey .... For the WBCSSC.

The petitioner participated in the 1st State Level

Selection Test, 2016 for recruitment of Assistant Teachers in

upper Primary level Schools in the subject Geography.

The grievance of the petitioner is that she was not called

for personality test.

Dr. Patra, learned counsel for the Commission submits

that the petitioner since has acquired her professional

qualification after the last date of submission of the application

for such appointment, she is not entitled to be called for the

personality test.

October 03, 2016 was the last date for submission of the

application in relation to the selection process of 2016. The

petitioner admittedly had obtained her B.Ed degree in the year

2018.

The third proviso appended to Rule 4(1) of the West

Bengal School Service Commission (Selection for appointment

to the post of Teachers for upper primary level of Schools)

Rules, 2016 mandates that the certificates received on or before

the last date of the application and mentioned in the application

form, shall be counted for academic and professional

qualification.

Besides aforesaid, the entire selection process of 2016

was once set aside by a Co-ordinate Bench of this Court vide

judgment and order dated December 11, 2020 passed in the

W.P.A 9597 of 2019 along with other similar matters. The

Commission, by the said judgment was directed to hold fresh

selection process of all candidates who were found eligible

under Rule 12(2) of the aforesaid Rules, 2016.

The learned Single Judge in the said judgment did not

accept the argument of the Commission that third proviso to the

Rule 4(1) of the said Rules, 2016 is directory and procedural in

nature.

The necessary corollary of the aforesaid finding is that

the said proviso is mandatory.

That being the position, this Court is of the opinion that

the petitioner was not entitled to be called for the personality

test, accordingly, W.P.A. 9094 of 2023 is dismissed. There

shall, however, be no order as to costs.

Urgent photostat certified copy of this order, if applied

for, be supplied to the parties subject to compliance with all

requisite formalities.

(Biswajit Basu, J.)