Biplab Supakar v. State Of West Bengal And ORS.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE 09.09.2025 rkd W.P.A. 18001 of 2025 Ct.18 DM Biplab Supakar -vsThe State of West Bengal & Ors.

Mr. Sudip Ghosh Chowdhury, Ms. Shreyeta Mitra, Ms. Pritha Biswas ....for the petitioner.

Mr. Saibal Acharyya, ....for the State.

Mr. Sunit Kumar Roy ....for the WBCSSC.

1.

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

2.

Petitioner prays for extension of validity of recommendation dated 20th December, 2024 which was issued by the Chairman, West Bengal Central School Service Commission since petitioner was selected in 1st State Level Selection Test, 2016 (Upper Primary). Vide said recommendation dated 20th December, 2024 petitioner was permitted to join the post of Assistant Teacher in a Government aided secondary school but petitioner chose not to join the post. Subsequently, petitioner made a prayer vide letter dated 9th April, 2025 seeking extension of validity of recommendation dated 20th December, 2024.

3.

Prayer of the petitioner is opposed by the learned advocates representing the respondents on the strength of Rule 17(3) of the West Bengal School Service Commission (Selection for Appointment to the Posts of Teachers for Upper Primary Level of Schools) Rules, 2016. It is submitted after expiry of 90 days from the date of recommendation, said recommendation does not exist. Therefore, application of the petitioner dated 9th April, 2025 is belated application which may not require consideration.

4.

Petitioner was selected in 1st SLST, 2016 (Upper Primary) and was recommended vide memo dated 20th December, 2024 for being appointed as Assistant Teacher in a Government aided secondary school but petitioner did not join the recommended post.

5.

In terms of Rule 17(3) of the said Rules of 2016 once recommendation is issued same remains alive for a period of 90 days. After expiry of 90 days recommendation ceases to exist. In the event recommended candidate finds it difficult to join the post within the period of 90 days, said candidate is required to apply for extension of validity of recommendation within the period of 90 days not beyond that.

6.

In the present case, petitioner applied for extension of validity of recommendation on 9th April, 2025 whereas 90 days expired on 19th March, 2025. At the time of making application on 9th April, 2025 seeking extension of validity of recommendation, said recommendation dated 20th December, 2024 already expired.

7.

Moreover it appears that petitioner is working as Primary Teacher. Hence, prayer of the petitioner for consideration of his application dated 9th April, 2025 seeking extension of validity of recommendation is refused.

8.

Writ petition stands dismissed.

9.

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

(Saugata Bhattacharyya, J.)