Samiran Pandey v. State Of West Bengal And ORS.

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction Appellate Side Present :- Hon'ble Justice Amrita Sinha WPA 1789 of 2026 Samiran Pandey Vs.

The State of West Bengal & Ors.

For the writ petitioner :- Mr. Anindya Lahiri, Sr. Adv.

Mr. Subhomoy Paul, Adv.

Mr. Anish Chakraborty, Adv.

For WBBSE :- Ms. Koyeli Bhattacharyya, Adv.

Mr. Bibek Dutta, Adv.

Mr. Manas Bhattacharyya, Adv.

For WBCSSC :- Mr. Biswaroop Bhattacharyya, Adv.

Mr. Rahul Kumar Singh, Adv.

Heard on :- 23.02.2026 Judgment on :- 23.02.2026 Amrita Sinha, J.:- 1.

Report in the form of affidavit on behalf of the Commission and the exception thereto filed by the petitioner be retained with the records. 2.

The petitioner participated in 2nd SLST, 2025. His name features in the list of wait listed candidates. He is aggrieved as marks on account of prior teaching experience have not been awarded to him. 3.

The petitioner has annexed documents in support of the submission that he was appointed by the Additional District Inspector of Schools (Secondary Education), Sadar Sub Division, Purulia in Government aided

schools for the period from April 27, 2018 to September 7, 2018 and again from September 8, 2018 to June 30, 2019.

4.

Learned advocate representing the petitioner contends that as the petitioner was in continuous service for more than a year, marks on account of prior teaching experience for one year ought to be awarded to him.

5.

Prayer has been made to direct the Commission to recalculate the marks of the petitioner upon adding two marks on account of prior teaching experience.

6.

The aforesaid submission and prayer of the petitioner has been opposed by the Commission.

7.

In the report filed by the Commission, the stand taken is that the petitioner has not worked for a period of one year in any single school. He has fragmented service in two different schools, contrary to his disclosure in the application form.

8.

Submission is that a candidate who has experience of teaching at secondary level in a Government aided or Government sponsored school, shall be awarded two marks for each year of service on account of prior teaching experience.

9.

The sheet anchor of the Commission's submission is that as the petitioner did not work in a particular school for a continuous period of one year, no marks can be awarded on account of prior teaching experience to him.

10.

I have heard the submissions made on behalf of both the parties.

11.

The Rules relying on which marks on account of prior teaching experience is awarded mentions that the candidate has to work at the secondary level in a Government or Government aided or Government sponsored school in a substantive post as permanent or on contractual basis. Two marks will be awarded for each year of service. 12.

The petitioner, admittedly, served in a Government aided school on deputation. The appointment letters of the petitioner were issued by the Government authority. The service of the petitioner may have been in two separate schools but there is no break in his service period. His first tenure was from April 27, 2018 to September 7, 2018 and thereafter from September 8, 2018 to June 30, 2019.

13.

The same implies that the petitioner was in continuous service for a period of more than a year. The Rules relied upon by the Commission does not particularly mention about service being rendered by the candidate in only one school.

14.

Had there been even a day's break in between the two appointments, then the stand of the Commission that the petitioner was in fragmented service could have been considered. 15.

In the instant case, it is evident that the petitioner was in continuous service for more than a year but in two different schools. The stand of the Commission in not awarding marks on account of prior teaching experience cannot be accepted by the Court. 16.

In view of the above, the instant writ petition is disposed of directing the Commission to consider the prior teaching experience of the petitioner

from his initial date of appointment on April 27, 2018 to his last date of appointment, i.e., June 30, 2019 and award marks on account of prior teaching experience to him.

17.

The total marks obtained by the petitioner shall be recalculated accordingly upon awarding two marks to the petitioner on account of prior teaching experience.

18.

Parties to act on the basis of the server copy of this order duly downloaded from the official website of this Court. 19.

Certified copy of this order, if applied for, shall be made available to the parties.

(Amrita Sinha, J.)