Archana Sarkar v. State Of West Bengal And ORS.

MLrkd 11.07.2024 Ct.18 W.P.A. 16602 of 2022 Archana Sarkar -vsState of West Bengal & Ors.

Mr. Kamalesh Bhattacharya, Mr. Aninda Bhattacharya ....for the petitioner.

Dr. Sutanu Kumar Patra, Ms. Supriya Dubey ....for the WBCSSC.

Mr. Bhaskar Prasad Vaisya, Mr. Sumand Dey ....for the State.

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

The writ petition is heard in presence of the learned advocates representing the petitioner, West Bengal Central School Service Commission and the State respondents.

Mr. Bahattacharya, learned advocate representing the petitioner submits that the petitioner participated in the selection process i.e. 1st State Level Teachers' Selection Test (AT), 2020 for recruitment of Assistant Teachers at Upper Primary Level, Classes IX and X and Classes XI and XII, Santhali Medium Schools.

It is submitted that though petitioner was primarily selected but subsequently she was considered to be not eligible for being appointed as

Assistant Teacher in Santhali Medium School due to want of eligibility criteria as contained in the relevant rules.

On behalf of the Commission reliance has been placed on the eligibility criteria which prescribes that in order to be appointed as an Assistant Teacher in Santhali Medium School the candidate must have the specific subject as the medium of instructions of the school as first or second or third language at any of the Secondary or Higher Secondary or Graduation/Post Graduation level as elective or optional subject.

Therefore, according to the Commission the petitioner was found to be ineligible in terms of eligibility criteria prescribed for being appointed as Assistant Teacher in Santhali Medium School.

Having considered the submissions made on behalf of the parties and taking note of the eligibility criteria for being appointed as an Assistant Teacher in Santali Medium School this Court finds that since petitioner is not having requisite eligibility for being appointed to be a teacher in Santhali Medium School, no relief can be granted.

Accordingly, the writ petition stands dismissed.

However, there shall be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be given to the learned Advocates for the parties on the usual undertakings.

(Saugata Bhattacharyya, J.)