Sovan Maity v. State Of West Bengal And ORS.

06.11.2024 (M/L-102) Ct.-19 (Susanta)

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. 5378 of 2024 Sovan Maity -VsThe State of West Bengal & Ors.

Mr. Vishak Bhattacharya, Ms. Biyanka Bhattacharya, .... For the Petitioner.

Mr. Saikat Banerjee, Mr. Ratul Biswas, Mr. Kaushik Chowdhury, .... For the W.B.B.P.E.

Mr. Arindam Chattopadhyay, Ms. Lipika Chatterjee, .... For the State.

Affidavit-of-service filed on behalf of the petitioner be kept with the record.

The petitioner could not participate in the recruitment process initiated by the West Bengal Board of Primary Education for appointment of Primary Teachers as there was delay in publication of the result and certificate of the Teacher Eligibility Test (TET) 2014.

The Board, however, by a notice bearing Memo No. 1601/BPE/2021 dated December 20, 2021 had invited the petitioner to participate in the said selection process.

The petitioner is alleging that in the said selection process, his candidature has been rejected on the ground of want of requisite training qualification. The petitioner has B.Ed.

as his training qualification, which is not a valid training qualification

for appointment in the post of Assistant Teachers in Primary Schools, as has been held by the Hon'ble Supreme Court in the case of Devesh Sharma Vs. Union of India and Ors. reported in 2023 SCC Online SC 985.

In view of such position, the Board is fully justified in rejecting the candidature of the petitioner in the said selection process.

W.P.A. 5378 of 2024 is dismissed with the above observations without any order as to cots.

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