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Calcutta High CourtWPA/1055/2025disposed

Nahid Akhtar v. State Of West Bengal And ORS.

2025-01-14Hon'Ble Justice Saugata Bhattacharyya3 pages

14.01.2025 Court No.18 Item No.27 CP WPA No. 1055 of 2025 Nahid Akhtar Vs.

The State of West Bengal & Ors.

Mr. Firdous Samim Ms. Gopa Biswas Ms. Sampriti Saha Ms. Swati Dey .... for the petitioner.

Mr. Dipanjan Datta, Sr. Govt. Advocate Mr. Soumen Chatterjee .....for the State.

Mr. Pratik Dhar, Sr. Advocate Mr. Prosenjit Mukherjee Ms. Madhurima Sarkar .....for the Madrasah Service Commission.

Affidavit of service filed on behalf of the petitioner is taken on record.

Petitioner participated in 7th State Level Selection Test (AT)-Main for being appointed in the post of Assistant Teacher in Classes IX and X in madrasah. After the written examination was over, a list was published by the concerned authority of the West Bengal Madrasah Service Commission containing names of successful candidates who were found to be eligible to participate in interview. Such list is appended to this writ petition at pages 51 and 52. From the list it appears Roll Number of the petitioner is present. The date of interview was fixed on January 6, 2025 but the

petitioner could not appear before the interview board on the aforesaid date since she was admitted in a nursing home and in support of same Discharge Certificate dated January 7, 2025 is also appended to this writ petition which is at page 55. From the said Discharge Certificate it appears petitioner was admitted in the nursing home on December 25, 2024 and was discharged on January 7, 2025, since she suffered miscarriage. Petitioner prays for direction which would permit her to participate in the ongoing interview which would be ended tomorrow, i.e., on January 15, 2025.

Mr. Dhar, learned senior advocate, representing the West Bengal Madrasah Service Commission, (hereinafter referred to as 'the Commission'), submits for interviewing candidates who are to be selected for appointment in the post of Assistant Teacher in Life Science, a board has been constituted comprising five members. It is also submitted that though the last date of ongoing interview is January 15, 2025, probably tomorrow there will be no arrangement for interviewing candidates seeking appointment in the post of Assistant Teacher in Life Science. According to the Commission, reasonable time is required to constitute the board to interview the petitioner.

Having considered the respective submissions made on behalf of the parties and taking note of the

fact that petitioner was hospitalized for the period from December 25, 2024 to January 7, 2025, since she suffered miscarriage, as a special case, concerned authority of the Commission is directed to constitute a board to interview the petitioner within a period of 10 days from date.

The petitioner shall be put on notice regarding date of interview 5 days prior to the date fixed for holding interview.

Accordingly, the writ petition stands disposed of. There shall be no order as to costs.

Urgent Photostat certified copy of this order, if applied for, shall be furnished to the parties, at an early date upon completion of usual formalities.

Learned advocate representing the parties are granted leave to communicate this order to the Commission without waiting for the server copy of this order.

(Saugata Bhattacharyya, J.)