Moumita Dutta v. State Of West Bengal And ORS.

Item No.12 In The High Court At Calcutta Constitutional Writ Jurisdiction (via video conference) 13.12.2021 Ct-24 WPA 7296 of 2021 Moumita Dutta v.

The State of West Bengal & Ors.

Mr. Sukanta Das ... for the petitioner.

Ms. Sanghamitra Nandy Mr. Rajaram Banerjee ... for the State respondents.

Mr. Ratul Biswas ... for the Board.

The petitioner participated in the recruitment process of primary teachers. She was called for interview and for verification of all testimonials.

Thereafter, the West Bengal Board of Primary Education published the State wide first merit list (Vacancy wise, Medium wise, Category wise) of TET 2014 qualified and trained candidates. The name of the petitioner was not included in the said merit list. The petitioner submits that no reason whatsoever has been mentioned for non-inclusion of her name in the merit list.

The learned advocate representing the West Bengal Board of Primary Education submits that the marks obtained by the petitioner were less than the

marks obtained by the last empanelled candidate. As the petitioner scored less mark than the last empanelled candidate, accordingly the petitioner could not be empanelled in the merit list.

No contrary evidence has been produced before this Court to show that candidates scoring less marks than the petitioner have been empanelled.

In that view of the matter no relief can be granted to the petitioner in the instant writ petition. The writ petition fails and is hereby dismissed. It goes without saying that if the petitioner intends to know the exact marks obtained by her and the marks obtained by the last empanelled candidate, it will be open for her to make necessary application under the Right to Information Act, 2005.

Urgent photostat certified copy of this order, if applied for, be given to the parties after completion of all legal formalities.

Sh (Amrita Sinha, J.)