West Bengal Board Of Primary Educationa And ANR v. Babusalam Mondal And ORS
23.04.2021 CPAN 356 of 2021 Md. Abukaysar Siddique & Ors.
Vs.
Prof. Manik Bhattacharya & Anr.
in MAT 298 of 2021 Deepa Nandi & Ors.
Vs.
Babusalam Mondal & Anr.
with MAT 299 of 2021 West Bengal Board of Primary Education & Anr. Vs.
Babusalam Mondal & Ors.
with MAT 305 of 2021 Prativa Mondal Vs.
Babusalam Mondal & Anr.
16, & Ct-17 ar (via video conference) Mr. Bikash Ranjan Bhattacharya Mr. Dibyendu Chatterjee Mrs. Jhuma Chakraborty Ms. Piyali Paul ... For the applicants Mr. L.K. Gupta ... For the appellants in MAT 299 of 2021 Mr. Arkadeb Biswas Mr. Arka Nandi Mr. Bikram Banerjee Mr. Saikat Sutradhar Mr. Sudipta Dasgupta ... For the appellants in MAT 305 of 2021 Mr. Bikash Ranjan Bhattacharya Mr. Dibyendu Chatterjee Mrs. Jhuma Chakraborty Mrs. Reshmi Ghosh Ms. Piyali Paul ... For the Respondents in MAT 298 of 2021 & MAT 305 of 2021 Re: CPAN 356 of 2021 This contempt application has been filed against the violation of the order dated 22nd February, 2021 which directs publication of the
merit list has not been complied with.
The contention of the applicants/ petitioners is that the alleged contemnors by not publishing the merit list with details of the marks which they obtained in the written test as well as in the interview violated the order passed by us on 22nd February, 2021.
The said submission is based on our observation made in the above order that publication of the merit list is necessary to bring transparency in the matter as allegations or irregularities have been levelled against the Board. It is all the more necessary that the merit list should be published. In fact, the Board in view of notification dated 15th February, 2021 uploaded the merit list in the website.
Mr. L.K. Gupta, learned senior counsel appearing on behalf of the West Bengal Board of Primary Education, submits that they published the merit list in the descending order in terms of Rule 8(5) of the West Bengal Primary School Teacher Recruitment Rules, 2016.
We have specifically asked the Board to disclose the merit list according to marks obtained by each candidate in the written test as well as in interview.
In view thereof, we accept the submission of the alleged contemnors that there is no violation of our order dated 22nd February, 2021.
Mr. Bikash Ranjan Bhattacharya, learned senior counsel appearing on behalf of the applicants, submits that the disclosure of marks obtained in the written test as well as in the interview can only bring the transparency in the selection process.
In view of the fact that we have not granted any direction to the alleged contemnors to publish the merit list containing the marks
obtained in the written test as well as in the interview against each of the candidates, we do not find any violation of our order.
Accordingly, the contempt application being CPAN 356 of 2021 is dismissed.
Urgent photostat copy of this order, if applied for, be given to the parties upon compliance of all formalities.
(Saugata Bhattacharyya,J.) (Soumen Sen, J.)