Asis Chhari And ORS. v. State Of West Bengal And ORS.

23.03.2026 Sl. No.23(DL) Ct. No.14 srm

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 6608 of 2026 Asis Chhari & Ors.

Versus

The State of West Bengal & Ors.

Mr. Subhradip Ray, Mr. Sahin Biswas ...for the Petitioner.

Mr. Ratul Biswas, Mr. Kaushik Chowdhury ...for the WBBPE.

Mr. Vivekananda Bose, Ms. Deboleena Ghosh ...for the State.

1.

Affidavit-of-service filed on behalf of the petitioners is taken on record.

2.

By the present writ petition, the petitioners seek direction upon the respondent authorities to consider the candidature of the petitioners for appointment to the post of Special Education Teachers in primary schools by considering the marks obtained by the petitioners in Central Teachers Eligibility Test (in short "CTET") and also seek for modification of notification dated 15th September, 2025, 6th February, 2026 and 12th March, 2026 to that extent.

3.

The petitioners contend that all of them except the petitioner No.7 possess Diploma in Special Education course issued by the competent authority. The petitioner No.7 is undergoing Diploma in Special Education course and has not yet received RCI

certificate. The petitioners have also qualified CTET for classes I-V - Primary stage. The petitioners claim that they should be allowed to take part in the interview/viva voce which is scheduled to be held on 24th March, 2026 and 25th March, 2026 on the basis of their CTET qualification in the ongoing direct recruitment of the year 2025 of Special Education Teachers in Primary Schools.

4.

Mr. Subhradip Ray, learned Advocate for the petitioners submits that CTET is also a requisite qualification as per notification of the Central Government dated 10th June, 2022. The petitioners having CTET qualification intend to participate in the interview/viva voce for direct recruitment of Special Education Teachers in Primary Schools which is scheduled to be held on 24th March, 2026 and 25th March 2026 on the basis of CTET qualification. He informs the Court that the petitioners have all appeared in TET, 2025, but they have failed to qualify. He seeks for appropriate order.

5.

Mr. Kaushik Chowdhury, learned Advocate appearing for the West Bengal Board of Primary Education submits that the applications were invited from the eligible candidates vide notification dated 15th September, for appointment of Special Education Teachers in Primary Schools. None of the petitioners have submitted their application on the basis of their CTET qualification. The submission of

applications pertaining to notification dated 15th September, 2025 through online mode has been closed on 2nd December, 2025 and the present writ petition has been filed after such closure. As such no right accrues in favour of the petitioners to press their prayers by way of the present writ petition.

6.

Admittedly, a notification was published by the West Bengal Board of Primary Education on 15th September, 2025 for direct recruitment of Special Education Teachers in Primary Schools in accordance with West Bengal Primary School Special Education Teachers Recruitment Rules, 2025. As per the aforementioned Rules of 2025, qualification as prescribed by the Central Government vide notification dated 10th June, 2022 has been included for direct recruitment of Special Education Teachers. No case has been made out by the petitioners that they were debarred by the Board from participating in the ongoing recruitment process initiated by the Board on the basis of their CTET qualification. On the date of application the petitioners had the knowledge that they were CTET qualified. The petitioners, admittedly, have not submitted their applications on the basis of their CTET qualification. The petitioners filed the writ petition after closing date of the submission of application i.e 2nd December, 2025. Hence this writ petition falls short of merit.

7.

Accordingly, the writ petition being WPA 6608 of 2026 stand dismissed.

8.

Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted.

9.

Interim order, if any, stands vacated.

10. All connected applications, if any, stand disposed of.

11. There shall be no order as to costs.

12. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court.

13. Urgent Photostat certified copy of the order, if applied for, be given to the parties on compliance of all necessary legal formalities.

(Bivas Pattanayak, J.)