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Calcutta High CourtWPA/19282/2025dismissed

Ranjita Karan Dinda v. The State Of West Bengal And ORS.

2025-09-17Hon'Ble Justice Saugata Bhattacharyya3 pages

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE 17.09.2025 rkd W.P.A. 19282 of 2025 Ct.18 DM Ranjita Karan Dinda -vsThe State of West Bengal & Ors.

Mr. Rabin Ghorai, Ms. Ananya Neogi, Ms. Anushka Ghosh ....for the petitioner.

Ms. Kakali Naskar, Md. Mudassan Nazar Chowdhury ....for the State.

Ms. Koyeli Bhattacharyya, Mr. Bibek Dutta ....for the WBBSE.

1.

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

2.

Petitioner being the widow of a deceased person has prayed for appointment on compassionate ground as she has already been recommended by the Chairman, West Bengal Regional School Service Commission (Western Region), Bankura vide memo dated 22nd January, 2025. Petitioner prays for direction upon the West Bengal Board of Secondary Education for issuance of appointment letter on compliance of necessary formalities.

3.

It is also submitted that husband of the petitioner

was a differently abled person. Therefore, petitioner should be adjudged as an eligible candidate to get appointment on compassionate ground.

4.

Learned advocate representing the Board has opposed this writ petition as the husband of the petitioner was appointed in the post of Assistant Teacher on being selected in 1st State Level Selection Test, 2016 for Classes XI & XII.

5.

It is submitted since the entire selection process has been set aside by the judgment of the Hon'ble Supreme Court dated 3rd April, 2025 passed in civil appeal arising out of Special Leave Petition (Civil) No.9586 of 2024 [State of West Bengal vs. Baishakhi Bhattacharyya (Chatterjee) and Ors.], petitioner is not eligible to be appointed on compassionate ground.

6.

Husband of the petitioner was appointed as it appears from the submissions made on behalf of the parties on being selected in 1st SLST, 2016 for Classes XI & XII and said selection process has been set aside by the Hon'ble Supreme Court vide judgment dated 3rd April, 2025 passed in Baishakhi Bhattacharyya (Chatterjee) (supra).

7.

In terms of the judgment dated 3rd April, 2025 all the candidates (tainted and untainted) lost their job. Therefore, it can be concluded that in terms of

the order of the Hon'ble Supreme Court dated 3rd April, 2025 husband of the petitioner would also lose job had he been alive. Husband died in 2021. Therefore, no right accrues in favour of the petitioner due to service rendered by the husband of the petitioner on being selected in 1st SLST, 2016 for Classes XI & XII.

8.

Hence, no relief can be granted to the petitioner. 9.

The writ petition stands dismissed.

10. However, there shall be no order as to costs.

11. 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.)