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Calcutta High CourtWPA/14846/2025dismissed

Wasima Akhtary And ORS. v. State Of West Bengal And ORS.

2025-08-12Hon'Ble Justice Saugata Bhattacharyya3 pages

12.08.2025 Ct. No. 18 adeb W.P.A. 14846 of 2025 Wasima Akhtary & Ors.

Vs.

The State of West Bengal & Ors.

Mr. Ashis Kumar Chowdhury Mr. Babhru Bahan Bera Mr. Avisek Chatterjee Mr. Sudip Jana ...for the petitioner Mr. Sirsanya Bandopadhyay Ms. Tapati Samanta ...for the State Ms. Koyeli Bhattacharyya Mr. Bibek Dutta ...for the WBBSE Dr. Sutanu Kumar Patra Ms. Supriya Dubey ...for the WBCSSC

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

2. Documents filed in support of petitioners' putting in deficit court fees are also taken on record.

3. Petitioners participated in the 1st State Level Selection Test, 2016 for classes IX-X and XI-XII as well as in 1st State Level Selection Test, 2016 for upper primary level of classes.

4. Learned advocate representing the petitioners submits that petitioners were selected in 1st SLST, 2016 for classes IX-X and XI-XII and on being recommended by the West Bengal Central School Service Commission (hereinafter referred to as 'Commission') they joined the

post of Assistant Teacher in secondary/ higher section of Government aided schools.

5. It is also submitted on behalf of the petitioners that in 1st SLST, 2016 (Upper Primary) petitioners participated upto the stage of verification of testimonials and marks awarded to the petitioners were above the cut-off marks fixed in the category under which petitioners offered their candidature. It is also contended that petitioners were not allowed to participate in the personality test in connection with 1st SLST, 2016 (Upper Primary) since they were at the material point of time working as Assistant Teachers. By preferring representations in 2025 it is also alleged by the petitioners that they were not permitted to participate in the interview. However, petitioners did not pursue remedy in connection with 1st SLST, 2016 (Upper Primary) after they were not allowed to participate in the personality test since at the material point of time they were working as Assistant Teachers for classes IX-X and XI-XII in other schools.

6. Petitioners 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.). Petitioners now pray for direction upon the Commission which would

permit them to participate in the personality test for being selected in 1st SLST, 2016 (Upper Primary).

7. State respondents, West Bengal Central School Service Commission and West Bengal Board of Secondary Education are represented by learned advocates.

8. It appears that issue has already been decided by this Court vide judgment dated 7th August, 2025 delivered on a writ petition being WPA 14049 of 2025 (Tapas Pramanick & Ors. Vs. The State of West Bengal & Ors.). Ratio of Tapas Pramanick (supra) governs the present issue involved in this writ petition.

9. Copy of the judgment dated 7th August, 2025 passed in Tapas Pramanick (supra) countersigned by Assistant Registrar (Court) is retained with the record. 10.

Placing reliance on Tapas Pramanick (supra) present with petition stands dismissed.

11.

Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings.

(Saugata Bhattacharyya, J.)