Bipasha Raut v. State Of West Bengal And ORS.
22.09.2025 Ct. No. 18 adeb WPA 19955 of 2025 Bipasha Raut Vs.
The State of West Bengal & Ors.
Mr. Bidyut Kumar Halder Mr. Indranil Halder ...for the petitioner Mr. Naren Ghosh Dostidar ...for the respondent no. 4 Mr. Santi Ranjan Das Mr. Sanjay Sarkar ...for the State
1. Affidavit of service filed on behalf of the petitioner is taken on record.
2. Petitioner prayed for consideration of her candidature for the post of Assistant Headmistress in Harinavi Subhasini Balika Sikhalaya, District- South 24 Parganas (hereinafter referred to as 'said school'). It is submitted that petitioner is senior most teacher in the said school who applied for the post of Assistant Headmistress. Therefore, she is entitled to be appointed in the post of Assistant Headmistress. It is also submitted that petitioner has performed well in the selection process.
3. State respondents and Headmistress of the said school being respondent no. 4 are represented by learned advocates who have opposed the writ petition on the ground that though petitioner
participated in the selection process but she stood third in the panel;
therefore, after participation in the selection process petitioner cannot challenge the selection process.
4. Having considered the submissions made on behalf of the parties Court finds that it is not demonstrated before this Court that there was illegality in preparation of panel for filling up the post of Assistant Headmistress in the said school. Petitioner may be senior most Assistant Teacher in the said school but that does not mean without considering the candidature of other eligible candidates petitioner would be straightway selected for being appointed as Assistant Headmistress in the said school. Panel was prepared as submitted by the respondent authorities and in the said panel of three candidates petitioner stood third.
5. Petitioner participated in the selection process and stood third in the panel. Having found that petitioner will not be appointed from the said panel present writ petition is filed challenging the selection process. Having participated in the selection process petitioner's right to question the selection process is withered away. Moreover, it is not demonstrated that there was illegality in conducting the selection process.
6. Hence, no relief can be granted to the petitioner.
7. Writ petition stands dismissed.
8. Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings.
(Saugata Bhattacharyya, J.)