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Calcutta High CourtWPA/661/2025disposed

Md Abdul Wahid Sekh And ORS v. State Of West Bengal And ORS.

2025-01-15Hon'Ble Justice Saugata Bhattacharyya3 pages

15.01.2025 Ct. No. 18 adeb W.P.A. 661 of 2025 Md. Abdul Wahid Sekh & Ors.

Vs.

The State of West Bengal & Ors.

Mr. Samim Ahammed Mr. Enamul Islam Ms. Ambiya Khatun Md. Nazirul Haque ...for the petitioner Mr. Nadeem Sulaiman ...for the Madrasah Board Mr. Jahar Lal De Mr. Shamim-ul-Bari ...for the State Mr. Pratik Dhar Mr. Prasenjit Mukherjee Ms. Madhurima Sarkar ...for the Madrasah Service Commission 19 (nineteen) petitioners are before this Court in the present writ petition contending that certain questions in 7th State Level Selection Test TET, 2023 (I to IV) are out of syllabus as a result whereof petitioners are prejudiced and they are kept outside the zone of consideration in connection with their participation in 7th SLST 2023 Main examination (I to IV). It is further submitted that the Main examination is scheduled to be held on 19th January, 2025.

Matter was heard at length on 14th January, 2025 and an order was passed directing the learned advocate representing West Bengal

Madrasah Service Commission to obtain instructions as to how many questions are out of syllabus and marks allotted to such questions. Today, Mr. Pratik Dhar, learned senior advocate representing West Bengal Madrasah Service Commission submits on instruction that in 7th SLST TET (I to IV) in five subjects total 27 questions are out of syllabus which are carrying 27 marks. It is further submitted on behalf of the Commission that in connection with 8 questions in English which are found to be out of syllabus 8 marks have already been awarded to all the candidates who participated in the examination and in connection with rest of 19 questions which are also found to be out of syllabus further 19 marks shall be awarded to the candidates.

It is also submitted that Commission has taken decision since those 27 questions are out of syllabus all the candidates who participated in 7th SLST TET, 2023 (I to IV) shall be awarded total 27 marks irrespective of the fact whether the candidates attempted those questions or not. It needs to be recorded that out of 27, 8 marks in English has already been awarded.

Mr. Shamim Ahammed, learned advocate representing the petitioners submits if this is

the stand of the Commission in that event petitioners have no objection and on adding said 27 marks if petitioners come within the zone of consideration they should be allowed to participate in the ensuing Main examination which is scheduled on 19th January, 2025.

In view of respective submissions made on behalf of the parties the writ petition stands disposed of directing the concerned authority of the Commission to award 27 (8+19) marks to all the candidates who participated in 7th SLST (TET) (I to IV) and on awarding such marks those candidates including the petitioners who are found to have been able to come within the zone of consideration shall be permitted to participate in Main examination.

Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings.

(Saugata Bhattacharyya, J.)