Niloy Kumar Barman @ Niloy Kr. Barman And ORS v. State Of West Bengal And ORS.

Form No. J(2)

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE

Present:

THE HON'BLE JUSTICE SAUGATA BHATTACHARYYA W.P.A. 13919 of 2025 With CAN 1 of 2025 CAN 2 of 2025 CAN 3 of 2025 Niloy Kumar Barman alias Niloy Kr. Barman & Ors. -vsThe State of West Bengal & Ors.

For the Petitioners : Mr. Jishnu Chowdhury Mr. Arkadeb Biswas For the University : Mr. P. Baidya For the WBCSSC : Dr. Sutanu Kr. Patra Ms. Supriya Dubey For the State : Ms. Tapati Samanta Heard on : 17.07.2025 Judgment on : 17.07.2025 SAUGATA BHATTACHARYYA, J.:

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

2) In the writ petition, the West Bengal School Service Commission (Selection for Appointment to the Posts of Assistant

Teachers for Upper primary Level of Classes [except Work Education and Physical Education], Classes IX-X and Classes XI-XII) Rules, 2025 (hereinafter referred to as "said Rules of 2025") and recruitment notification dated 30th May, 2025 issued under memo no. 1092/7016/CSSC/ESTT/2025 have been questioned.

Petitioners are untainted candidates not possessing B.Ed. qualification as on date but prayer is made in this writ petition to permit them to fill up form in terms of recruitment notification dated 30th May, 2025. In alternative, submission is made by Mr. Chowdhury, learned Senior Advocate representing the petitioners that time to submit application for offering candidature in the ensuing selection process may be extended beyond 21st July, 2025 in order to permit the petitioners to obtain training qualification (B.Ed.) within extended time.

3) Such prayer made on behalf of the petitioners is opposed by Dr. Patra, learned advocate representing West Bengal Central School Service Commission (for short, "Commission"). Upon placing reliance on Rule 10 of said Rules of 2025, it is submitted on behalf of the Commission that application needs to be submitted online within such time and such manner as may be specified by the Commission in the advertisement and requisite educational and professional qualifications shall have to be obtained by

all candidates on or before the last date of receiving online applications. According to the Commission, once last date has been fixed on 21st July, 2025 same cannot be relaxed. Moreover, reliance is also placed on the order of the Hon'ble Supreme Court dated 17th April, passed on Miscellaneous Application No. 709 of 2025 in Civil Appeal No. 4805 of 2025 which was preferred by West Bengal Board of Secondary Education in order to demonstrate before this Court that a time-schedule has been fixed by the Hon'ble Supreme Court to bring the ensuing recruitment process into logical conclusion.

4) State respondents and concerned University are represented by learned advocates.

5) Taking note of the submissions made on behalf of the parties, it transpires that indisputably petitioners are not possessing training qualification (B.Ed.) as on date whereas last date of submission of applications by the eligible candidates has been fixed by the Commission on 21st July, 2025. It is also not the contention of the petitioners that they will obtain such qualification by last date fixed by the Commission for submitting application.

6) In consideration of aforesaid facts and taking note of Rule 10 of said Rules of 2025 wherein it has been specifically provided that applications shall have to be

submitted online within such time as may be specified by the Commission in the advertisement and requisite educational and professional qualifications as per advertisement shall have to be obtained by all candidates on or before last date of receiving online applications, prayer of the petitioners cannot be acceded to.

7) This Court is not oblivious of the directions as contained in the order dated 17th April, 2025 passed by the Hon'ble Supreme Court on Miscllaneous Application No. 709 of 2025 wherein by fixing a time-schedule concerned respondent authorities were directed to bring the ensuing recruitment process into logical conclusion by 31st December, 2025.

8) In aforesaid context, no relief can be granted to the petitioners.

9) Writ petition stands dismissed. All the connected applications are also dismissed.

10) There shall be no order as to costs.

11) Urgent photostat certified copy of this judgment, if applied for, be given to the parties on usual undertaking. (Saugata Bhattacharyya, J.) Court. 18 Item No.03 (D/L) (Suvendu)