Subrata Kr Bera & ANR v. State Of West Bengal & ORS

WPA 15446 of 2019 01-03-2021 Ct. 12 Subrata Kumar Bera & Anr.

Versus

The State of West Bengal & Ors.

(Through Video Conference) Mr. Ali Ahsan Alamgir, Adv.

Ms. Riya Das, Adv.

...for the petitioners Mr. Kanak Kiran Bandyopadhyay, Adv.

...for SSC The writ petitioners have qualified Teacher Eligibility Test (Upper Primary), 2015 and also participated in the selection process pursuant to the Notification dated 23rd September, 2016 issued for recruitment of Assistant Teacher for Upper Primary Level in Government Aided/Sponsored Schools. Petitioners at present pray for consideration of their candidatures afresh from the stage of verification pursuant to the said Notification dated 23rd September, 2016 since the previous recruitment process initiated by the West Bengal Central School Service Commission has already been set aside by virtue of a judgment dated 11th December, 2020 passed by a co-ordinate Bench on a batch of similar writ petitions. Writ petitioners in the present petition have placed reliance upon the said judgment dated 11th December, 2020 and pray for same benefit as has been extended to the writ petitioners whose writ petitions were disposed of by the said judgment dated 11th December, 2020 by a co-ordinate Bench.

Mr. Kanak Kiran Bandyopadhyay, learned Advocate who usually represents the West Bengal Central School Service Commission submits

before the Court that since the previous selection process has already been cancelled by this Court, a fresh recruitment process has been initiated by the Commission from the verification stage and since the writ petitioners applied for participating in the recruitment process pursuant to the Notification dated 23rd September, 2016, the benefit of the said judgment dated 11th December, 2020 may be extended in their favour. In view of the above discussion, no further order is required to be passed in this writ petition save and except observing that the judgment and order dated 11th December, 2020 passed by a co-ordinate Bench shall also govern the case of the present writ petitioners. Accordingly, the writ petition stands disposed of. There shall be no order as to costs.

Mr. Kanak Kiran Bandyopadhyay, learned advocate represents the West Bengal Central School Service Commission to assist the court. Let his engagement be regularized.

(Saugata Bhattacharyya, J.)