Prosenjit Nath Khan v. The State Of West Bengal And ORS.

Item no. 9 (DL) 12.09.2025 Court No. 18 (Suvendu) W.P.A. 18603 of 2025 Prosenjit Nath Khan Vs.

The State of West Bengal & Ors.

Mr. Sudip Ghosh Chowdhury ...for the petitioner , Dr. Sutanu Kumar Patra Ms. Supriya Dubey ...for the WBCSSC Mr. Sadhan Kumar Halder Mr. Hare Krishna Halder ....for the State

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

2. Petitioner prays for extension of validity of recommendation dated 26th November, 2024 which was issued by the Chairman, West Bengal Central School Service Commission (for short, "Commission") since petitioner was selected in 1st State Level Selection Test, 2016 (Upper Primary). Vide said recommendation dated 26th November, petitioner was permitted to join the post of Assistant Teacher in a Government aided school but petitioner chose not to join the post. Subsequently, petitioner made a prayer vide letter dated 17th April, 2025 seeking extension of validity of recommendation dated 26th November, 2024.

3. Prayer made by the petitioner is opposed by learned advocate representing the respondents on the strength of Rule 17(3) of the West Bengal School Service Commission (Selection for Appointment to the posts of Teacher for Upper Primary Level of Schools) Rule, 2016. It is submitted after expiry of ninety days from date of recommendation, said recommendation does not exist. Therefore, application of the petitioner dated 17th 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 26th November, 2024 for being appointed as Assistant Teacher in a Government aided school but petitioner did not join the recommended post.

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

6. In the present case, petitioner applied for extension of validity of recommendation on 17th April, 2025 much after expiry of ninety days from date of

recommendation. At the time of making application on 17th April, 2025 seeking extension of validity of recommendation, said recommendation dated 26th November, 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 17th April, 2025 seeking extension of validity of recommendation is refused.

8. Writ petition stands dismissed.

9. Urgent photostat certified copy of this order, if applied for, be given to the parties on usual undertaking. (Saugata Bhattacharyya, J.)