Ananya Sen v. State Of West Bengal And ORS.
14.09.2021 Item No.2 Ct. No.17 S.A.
WPA 4581 of 2021 CAN 1 of 2021 Ananya Sen -vsThe State of West Bengal & Ors.
Mr. Raghunath Chakraborty Mr. M. Ahmed ...for the petitioner Mr. Ranjan Saha ...for the State The controversy in this matter was the certificate of backward class of the petitioner. The certificate was issued initially on 16th September, 2009 which is at Page 36 of the writ application. At that point of time, there was no such certificate of OBC category 'A' or OBC category 'B'.
The petitioner was not allowed to take part in the interview for the Primary School Teachers by the concerned District Primary School Council being District Primary School Council, Hooghly as appears from the first supplementary affidavit filed by the petitioner affirmed on 19.08.2021 at Page 5 thereon. The petitioner now has filed another supplementary affidavit affirmed on 10.09.2021 wherefrom it appears that she is a candidate belonging to OBC 'B' category. After considering the supplementary affidavits and hearing the parties, this Court is of the view that the petitioner had one OBC certificate though it was
not categorised. The West Bengal Board of Primary Education or the concerned Primary School Council under it committed a serious mistake in not allowing her to take part in the interview. The category mentioned in the said certificate of the petitioner dated 16.09.2009 was "Tanti". It is now found that not only she is an OBC candidate, she is a candidate of OBC 'B' category which has come to light from the second supplementary affidavit affirmed on 10.09.2021.
Therefore, I direct the West Bengal Board of Primary Education to take appropriate steps itself or through the concerned District Primary School Council to arrange for taking the interview of the petitioner immediately and preferably within a period of four weeks from the date of communication of this order by the petitioner.
With the above direction, this writ application along with CAN 1 of 2021 is allowed.
Urgent certified website copy of this order, if applied for, be made available to the parties upon compliance of the formalities.
(Abhijit Gangopadhyay, J.)