Sharmila Pal v. State Of West Bengal And ORS.

20th April, Item No-19 (AK) Court No-14 In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 21568 of 2025 Sharmila Pal versus The State of West Bengal and others Mr. Ali Ahsan Alamgir ...for the petitioner.

Mr, Debottom Das ...for the State.

Mr. Ratul Biswas Mr. Kaushik Chowdhury ...for WBBPE.

1.

By the present writ petition, the petitioner seeks direction upon the respondent authorities for grant of notional benefits in favour of the petitioner from February, 2021.

2.

The petitioner contends that he participated in Teacher Eligibility Test (in short 'TET') 2014 but was declared not qualified. Thereafter, for the reason of discrepancies in six questions in TET, 2014, the petitioner was awarded six marks in respect of those wrong questions and was declared qualified in TET, 2014. The petitioner participated in recruitment process of the year 2020. Ultimately, appointment letter was issued to the petitioner in

the month of March, 2022. The other candidates similarly circumstanced have been given notional benefit with effect from February, 2021. The petitioner seeks for grant of notional benefit from February, 2021. Hence, this writ petition.

3.

Mr. Ali Ahsan Alamgir, learned Advocate appearing for the petitioner submits that the petitioner is similarly circumstanced as of the petitioner in WPA 21016 of 2024 (Abdul Alim & ors. versus The State of West Bengal & Ors.) and WPA 12757 of 2025 (Rima Nechha versus The State of West Bengal & Ors.). He seeks that similar benefit be extended to the petitioner by granting notional benefit from February, 2021.

4.

Mr. Ratul Biswas, learned Advocate appearing for the West Bengal Board of Primary Education submits that the petitioner was issued letter of appointment in March, 2022.

5.

It is not in dispute that the petitioner is similarly circumstanced as of the petitioners in WPA 21016 of 2024 and in WPA 12757 of 2025.

6.

Accordingly, the concerned respondent authorities are directed to grant notional benefits to the petitioner from the date when the other candidates were appointed in connection with 2020 selection process without subsequently awarding six marks.

7.

Respondent no.8, Chairman District Primary School Council is directed to fix pay of the petitioner reckoning grant of notional benefits from an appropriate date in terms of aforesaid direction and pay is to be fixed accordingly thereby consequential benefits to be allowed.

8.

However, it is clarified that petitioner is not entitled to get actual service benefits during the period prior to her appointment.

9.

Fixation of date from which notional benefit is to be granted to the petitioner shall be made by respondent no.8, Chairman, District Primary School Council by passing an appropriate order within a period of 8 (eight) weeks from the date communication of this order taking note of appointment of other candidates in the District in connection with 2020 selection process without belated awarding of marks.

10. Learned advocate for the petitioner is directed to communicate this order to respondent no.8, Chairman, District Primary School Council for necessary compliance.

11. With the above direction, the writ petition being WPA 21568 of 2025 stands disposed of.

12. Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted.

13. Interim order, if any, stands vacated.

14. All connected applications, if any, stand disposed of.

15. There shall be no order as to costs.

16. Urgent Photostat certified copy of the order, if applied for, be given to the parties on compliance of all necessary legal formalities.

(Bivas Pattanayak, J.)