Nirupama Das v. State Of West Bengal And ORS.

S/L 13 12.03.2025 Court No.19 SD

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION WPA 5507 of 2025 Nirupama Das Vs.

The State of West Bengal & Ors.

Mr. Tarun Kumar Das Mr. Sujan Roy ... for the Petitioner.

Mr. Suman Dey Ms. Tuli Sinha ... for the State.

Mr. Gourav Das ... for the DPSC, 24-Parganas (South).

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

The 24-Parganas (South) District Primary School Council in the year 2006 had conducted a selection process for recruitment of Assistant Teachers in the primary schools of the districts.

The petitioner being an OBC candidate had participated in the selection process but was not selected. The petitioner being aggrieved by such rejection had filed a writ petition being WP 36666(W) of 2013. The said writ petition was disposed of granting liberty to the petitioner to file a representation for consideration of her prayer for appointment.

The Chairman of the Council, the respondent no.8 herein in compliance with the said direction had considered the representation of the petitioner and had rejected her candidature holding that her score in the selection test is below the cut off mark.

The respondent no.8 after lapse of few years mistakenly had issued a notice asking the petitioner to submit her appointment letter and original documents at his office.

The petitioner being inspired by the said notice had filed another writ petition being WPA 8821 of 2023 alleging that she might have been selected in the said selection process otherwise the respondent no.8 would not have asked her to produce the original documents.

A coordinate Bench of this Court though had noted that the score of the petitioner was below the cut of mark but had directed the respondent no.8 to pass a fresh order as she was asked to produce the original document.

The respondent no.8 in compliance with the said direction has passed the impugned order and has again rejected the prayer of the petitioner for appointment holding that her score in the selection test was 43.722 whereas the score of the last candidate recommended for appointment was 43.794.

The Council is consistently disclosing that the petitioner has failed to qualify the selection test. A wrong communication asking her to produce original document in the backdrop of the facts and circumstances of the present case is of no consequence.

WPA 5507 of 2025 is therefore dismissed without any order as to costs.

Parties to act on the server copy of this order duly downloaded from the official website of this Court. Urgent photostat certified copies of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Biswajit Basu, J.)