Ashim Kumar Halder v. West Bengal Central School Service Commission And ORS.

14.08.2025 Ct. No. 18 adeb W.P.A. 15128 of 2025 Sri Ashim Kumar Halder Vs.

West Bengal Central School Service Commission & Ors.

Mr. Kamalesh Bhattacharya Mr. Ashim Kumar Halder ...for the petitioner Ms. Koyeli Bhattacharya Mr. Bibek Dutta ...for the Board 1.

Affidavit of service filed on behalf of the petitioner is taken on record.

2.

Petitioner was recommended by the Chairman, West Bengal Regional School Service Commission, Southern Region vide memo dated 12th August, 2024 for being appointed as Clerk under died-in harness category. Such recommendation was forwarded to the President, West Bengal Board of Secondary Education for issuance of appointment letter permitting the petitioner to join the post of Clerk.

3.

Board in its turn in terms of Rule 3 of the West Bengal Board of Secondary Education (Requirement of Verification of Antecedents and Examination of Medical Fitness for Appointment in the Posts of Teachers and Non-Teaching Staff) Rules, 2018 took steps for police verification and

medical report in connection with appointment of the petitioner in the post of Clerk in Nagendrapur H.K. High School (HS), South 24 Parganas.

4.

Though grievance is expressed on behalf of the petitioner that in spite of recommendation was made by the concerned Regional School Service Commission, Southern Region far back on 12th August, 2024 till date appointment letter has not been issued by the Board in favour of the petitioner, however it is pointed out on behalf of the Board that Special Superintendent of Police (O), Intelligence Branch, West Bengal did not certify the petitioner for being appointed and in support of same memo dated 14th May, 2025 issued by said Superintendent of Police is placed before this Court and same is taken on record. It is disclosed in the said memo dated 14th May, 2025 that on enquiry it was found that petitioner is implicated in Joynagar P.S. Case No. 627/24 dated 04th August, under Sections 498A/406/34 IPC and charge sheet was submitted against the petitioner being no. 786/24 dated 29th October, 2024.

5.

In view of pendency of aforesaid criminal case against the petitioner wherein charge sheet was filed on 29th October, 2024, this Court finds at

this stage direction for issuance of appointment letter is not warranted.

6.

Writ petition stands dismissed.

7.

However, this order shall not preclude the petitioner to take steps in accordance with law, if situation so arises.

8.

Let copy of this memo dated 14th May, 2025 be made over to the learned advocate representing the petitioner.

9.

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

(Saugata Bhattacharyya, J.)