Ujjwal Kumar Majhi And ORS v. State Of West Bengal And ORS.

IN THE HIGH COURT AT CALCUTTA

CIVIL APPELLATE JURISDICTION Appellate Side

BEFORE:

The Hon'ble Justice Soumen Sen And The Hon'ble Justice Smita Das De MAT 1025 of 2025 CAN 1 of 2025 Ujjwal Kumar Majhi & Ors.

Vs.

State of West Bengal & Ors.

For the Appellants : Mr. Pratik Dhar, Sr.Adv., Mr. Shaunak Ghosh, Adv., Mr. Sakhawat Khandakar, Adv.

Mr. Abhrajit Roy Chowdhury, Adv.

Mr. Dipankar Bhakta, Adv.

Ms. Swati Jha, Adv.

For the State/Respondent : Mr. Kishore Datta, Ld. A.G., Mr. Sirsanya Bandopadhyay, Sr. Counsel, Mr. Biswabrata Basu Mallick, Ld. AGP., Mr. Vivekananda Bose, Jr. St. Counsel, Mr. Soumen Chatterjee, Adv.

Mr. Sandip Das, Adv.

Mr. Debayan Sen, Adv.

Mr. N. Ojha, Adv.

For W.B.C.S.S.C : Mr. Kalyan Bandopadhyay, Sr. Adv.

Mr. Biswarup Bhattacharya, Adv.

Mr. Arka Kumar Nag, Adv.

Mr. Rahul Kumar Singh, Adv.

Hearing concluded on : 14th July, 2025 Judgment on : 16th July, 2025

Soumen Sen, J :

1. The issues involved in this appeal are identical to the issues raised and decided in MAT 1026 of 2025 (Bibek Paria & Ors. v. The State of West Bengal & Ors.) However, it is orally argued that new regulation has omitted degree or diploma from a Teachers' Training Institution duly recognized by the RCI and this would cause serious prejudice to the present appellants. However, it appears that the said degree from institution duly recognized by the RCI was absent in the recruitment Rules, 2016. Previously, correspondence course from a Teachers' Training Institution duly recognized by the RCI in the relevant academic session was taken into consideration as would appear from the notification of the Education Department dated 21st December, 2011.

However, the subsequent notification dated 20th September, 2016 has only recognized NCTE certification and not RCI. In view of the fact that even in 2016 degree from institution duly recognized by the RCI was not valid the question of accepting such certificate at this stage could not and does not arise at all. The Rules of 2011 was abolished by the recruitment rules dated 20th September, 2016 and the 2025 was in supersession of the Rules of 2019. In fact, in the recruitment Rules of 2019 does not mention of any degree or diploma from institution recognised by RCI as a factor to be taken into consideration in evaluating the academic qualification of a candidate. Moreover, NCTE is the expert body to fix the criteria for teachers' eligibility and revision in the requirement in marks is pursuant to NCTE guidelines.

2. Accordingly, we do not find any reason to interfere with the order passed by the Learned Single Judge.

3. In view thereof, the appeal and application stand dismissed.

4. However, there shall be no order as to costs. I agree (Soumen Sen, J.) (Smita Das De, J.)