Irin Kobir v. State Of West Bengal And ORS.
Form No. J(2) Item No. DL / 08 Suvendu - A.R.(CT)
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction (Appellate Side) W.P.A. NO 14421 OF 2025 IRIN KOBIR VS.
THE STATE OF WEST BENGAL & OTHERS BEFORE: THE HON'BLE JUSTICE SAUGATA BHATTACHARYYA For the Petitioners : Mr. Ashis Kumar Chowdhury Mr. Babhru Bahan Bera Mr. Avishek Chatterjee Mr. Sudip Jana For the State : Mr. Arindam Chattopadhyay Ms. Lipika Chatterjee For the WBCSSC : Dr. Sutanu Kumar Patra Ms. Supriya Dubey For the WBBSE : Ms. Koyeli Bhattacharyya Mr. Bibek Dutta Heard On : 11.08.2025 Judgment On : 11.08.2025 SAUGATA BHATTACHARYYA, J.:
1.
Affidavit-of-service filed on behalf of the petitioner is taken on record.
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Petitioner participated in the 1st State Level Selection Test, 2016 for classes IX-X as well as in 1st State Level Selection Test, 2016 for upper primary level of classes.
3.
Learned advocate representing the petitioner submits that she was selected in 1st SLST, 2016 for classes IX-X and on being recommended by the West Bengal Central School Service Commission (hereinafter referred to as 'Commission') she joined the post of Assistant Teacher in secondary section of a Government aided school.
4.
It is also submitted on behalf of the petitioner that in 1st SLST, 2016 (Upper Primary) petitioner participated upto the stage of verification of testimonials. Petitioner could not participate in the personality test scheduled on 21st October, 2022. It is stated in reference to a letter dated 15th April, 2025 that on the date fixed for personality test due to medical ground petitioner could not appear but her husband with medical certificate went to the Commission for getting another chance to participate in the interview which was not allowed. Petitioner did not pursue remedy in connection with 1st SLST, 2016 (Upper Primary) after she was not allowed to participate in the personality test since at the material point of time she was working as Assistant Teacher for classes IX-X in another school.
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Petitioner lost job in terms of the judgment of the Hon'ble Supreme Court dated 3rd April, 2025 passed in civil appeal arising out of Special Leave Petition (Civil) No.9586 of 2024 (State of West Bengal vs. Baishakhi Bhattacharyya (Chatterjee) & Ors.). Petitioner now prays for direction upon the Commission which would permit her to participate in the personality test for being selected in 1st SLST, 2016 (Upper Primary).
6.
State respondents, West Bengal Central School Service Commission and West Bengal Board of Secondary Education are represented by learned advocates.
7.
Dr. Patra, learned advocate representing the Commission submits that personality test in connection with 1st SLST, 2016 (Upper Primary) was held on 21st October, 2022 in terms of the order of the Hon'ble Division Bench. It is also submitted that selection process of 1st SLST, 2016 (Upper Primary) is almost complete and 8th round of counselling was conducted on 1st August, 2025. Therefore, according to the Commission, if at this stage petitioner is permitted to participate in the personality test in connection with 1st SLST, 2016 (Upper Primary) that would unsettle the selection process where 8th round of counselling is over.
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Having considered the respective submissions made on behalf of the parties, this Court finds that it is true the petitioner has lost job in terms of the judgment of the Hon'ble Supreme Court dated 3rd April, 2025 passed in Baishakhi Bhattacharyya (Chatterjee) (supra) and at the material point of time when personality test was conducted in connection with 1st SLST, 2016 (Upper Primary), petitioner was working in another school for higher classes.
9.
It is also submitted on behalf of the petitioner that she was allotted marks higher than the cut-off marks in the category under which she offered candidature and she had a fair chance to be empanelled if she participated in the personality test. 10.
However, fact remains petitioner did not participate in the personality test in connection with 1st SLST, 2016 (Upper Primary) which was held far back in 2022.
11.
If today Court accepts the contention of the petitioner and directs the concerned authority of the Commission to conduct personality test for the petitioner at the stage when selection process, i.e., 1st SLST, 2016 (Upper Primary) is almost complete, it would unsettle the entire selection process that would lead to a topsy-turvy situation. Once a candidate does not participate in the personality test his/ her right to be considered for appointment on being empanelled is withered away.
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Hence, at this stage no relief can be granted to the petitioner.
13.
Writ petition stands dismissed.
14.
However, there shall be no order as to costs. 15.
Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings. (Saugata Bhattacharyya, J.)