Ayesha Khatun & ORS. v. State Of West Bengal & ORS.
IN THE HIGH COURT AT CALCUTTA
(Civil Appellate Jurisdiction) APPELLATE SIDE
Present:
The Hon'ble Justice Subrata Talukdar And The Hon'ble Justice Supratim Bhattacharya MAT 1594 of 2018 [Assigned] WEST BENGAL BOARD OF PRIMARY EDUATION & ORS.
VS PRATIVA MONDAL IA NO: CAN/1/2019(Old No:CAN/5471/2019), CAN/3/2019(Old No:CAN/8274/2019),CAN/4/2021, CAN/5/2021 CAN/6/2022, CAN/7/2022, CAN/8/2022, CAN/9/2022, CAN/10/2022, CAN/11/2022, CAN/12/2022, CAN/13/2022, CAN/14/2022, CAN/15/2022, CAN/16/2022, CAN/17/2022, CAN/18/2022, CAN/19/2022, CAN/20/2022, CAN/21/2022, CAN/22/2022, CAN/23/2022, CAN/24/2022, CAN/25/2022, CAN/26/2022, CAN/27/2022, CAN/28/2022, CAN/29/2022, CAN/30/2022, CAN/31/2022, CAN/32/2022, CAN/33/2022, CAN/34/2022, CAN/35/2022, CAN/36/2022, CAN/37/2022, CAN/38/2022, CAN/39/2022, CAN/40/2022, CAN/41/2022, CAN/42/2022, CAN/43/2022, CAN/44/2022, CAN/45/2022, CAN/46/2022, CAN/47/2022, CAN/48/2022, CAN/49/2022, CAN/50/2022, CAN/51/2022, CAN/52/2022, CAN/53/2022, CAN/54/2022, CAN/55/2022, CAN/56/2022, CAN/57/2022, CAN/58/2022, CAN/59/2022, CAN/60/2022, CAN/61/2022, CAN/62/2022, CAN/63/2022, CAN/64/2022, CAN/65/2022, CAN/66/2022, CAN/67/2022, CAN/68/2022, CAN/69/2022, CAN/70/2022, CAN/71/2023, CAN/72/2023, CAN/73/2023, CAN/74/2023, CAN/75/2023, CAN/76/2023, CAN/77/2023
With MAT/953/2021 WEST BENGAL BOARD OF PRIMARY EDUCATION AND ORS VS PAYEL BAG AND ORS With MAT/999/2021 WASIM AKRAM MONDAL AND ORS VS STATE OF WEST BENGAL AND ORS.
IA NO: CAN/1/2021, CAN/2/2021 With WPA/10005/2021 SRIMONTA PAL AND ORS.
VS STATE OF WEST BENGAL AND ORS.
With WPA/10304/2019 GOLAM MOSTAFA VS STATE OF WEST BENGAL & ORS With WPA/10306/2019 SUMANA DEY VS STATE OF WEST BENGAL & ORS With
WPA/10308/2019 MUNMUN GHOSH VS STATE OF WEST BENGAL & ORS with WPA/1053/2022 SUTAPA ROY AND OTHERS VS STATE OF WEST BENGAL AND ORS.
With WPA/10540/2019 TAPAS MONDAL VS STATE OF WEST BENGAL & ORS with WPA/10541/2019 TARIT GHOSH VS STATE OF WEST BENGAL & ORS With WPA/10543/2019 RAJESH MONDAL VS STATE OF WEST BENGAL &ORS with WPA/10800/2019 SHIBNATH KUMBHAKAR
VS STATE OF WEST BENGAL & ORS With WPA/10803/2019 SHAFIKUL ISLAM SEKH VS STATE OF WEST BENGAL & ORS With WPA/10909/2018 SOURAV ROY VS STATE OF WEST BENGAL & ORS With WPA/10954/2021 SUSANTA BETAL AND ORS VS STATE OF WEST BENGAL & ORS.
With WPA/10956/2019 KUMARI ASTHA VS STATE OF WEST BENGAL & ORS With WPA/10958/2021 NABAKANTA SASMAL AND ORS VS STATE OF WEST BENGAL AND ORS.
With WPA/1099/2021 MIHIR DAS VS STATE OF WEST BENGAL With WPA/11001/2019 ANOWAR HOSSAIN VS STATE OF WEST BENGAL & ORS With WPA/11002/2019 ANUP SAHOO VS STATE OF WEST BENGAL & ORS With WPA/11003/2019 MD. SALIM SEIKH VS STATE OF WEST BENGAL & ORS With WPA/11004/2019 SANTANU PATRA VS STATE OF WEST BENGAL & ORS With WPA/1125/2021
MD TANMIR AHMED AND ORS VS STATE OF WEST BENGAL AND ORS.
With WPA/11433/2020 SATYAJIT DAS THAKUR AND ORS VS STATE OF WEST BENGAL AND ORS.
With WPA/11701/2019 PRADIPTA SAHA VS STATE OF WEST BENGAL & ORS With WPA/11702/2019 KAMAL MANDAL VS STATE OF WEST BENGAL & ORS with WPA/12021/2019 ARIFUL ISLAM VS STATE OF WEST BENGAL & ORS with WPA/13016/2019 MD. SABIR SK.
VS
STATE OF WEST BENGAL & ORS with WPA/1316/2022 SRIKUMAR MUKHOPADHYAY AND ANR VS STATE OF WEST BENGAL AND ORS.
With WPA/1353/2020 KHOKAN DAS & ORS VS STATE OF WEST BENGAL & ORS With WPA/1396/2021 PRIYANKA BANDYOPADHYAY AND ORS VS STATE OF WEST BENGAL AND ORS.
With WPA/14722/2021 RAMA BISWAS VS STATE OF WEST BENGAL AND ANR With WPA/14728/2021 ANKITA DEY VS STATE OF WEST BENGAL AND ANR With
WPA/14736/2021 LIPIKA GHOSH VS STATE OF WEST BENGAL AND ANR With WPA/16242/2019 RAJ KUMAR DEY VS STATE OF WEST BENGAL & ORS With WPA/16244/2019 ABDUL ALIM VS STATE OF WEST BENGAL & ORS With WPA/164/2022 ANUARUL HOQUE VS STATE OF WEST BENGAL AND ORS.
With WPA/16436/2018 NIRABUL HOSSAIN VS STATE OF WEST BENGAL & ORS With WPA/16438/2018 SHREYA CHAKRABORTY
VS STATE OF WEST BENGAL & ORS With WPA/16440/2018 SATHI MAJHI VS STATE OF WEST BENGAL & ORS With WPA/16448/2018 RAKHI CHOUDHURY VS STATE OF WEST BENGAL & ORS With WPA/16449/2018 BINITA RAY CHAUDHURI VS STATE OF WEST BENGAL & ORS With WPA/16536/2021 ATIUR AND ORS VS STATE OF WEST BENGAL AND ORS.
With WPA/16598/2019 TAPAS RAKSHIT & ORS VS STATE OF WEST BENGAL & ORS
With WPA/17003/2019 MARJINA KHATUN VS STATE OF WEST BENGAL & ORS With WPA/17009/2018 ASHIS KUNDU & ANR VS STATE OF WEST BENGAL & ORS With WPA/17018/2018 BACCHU SAIKH & ANR VS STATE OF WEST BENGAL & ORS With WPA/17024/2018 MOHAMMAD ALI VS STATE OF WEST BENGAL & ORS With WPA/17025/2018 SAMIM BEGUM VS STATE OF WEST BENGAL & ORS With WPA/1704/2021
BAPAN BANERJEE VS STATE OF WEST BENGAL AND ORS.
With WPA/1729/2022 RANU SULTANA VS STATE OF WEST BENGAL AND ORS.
With WPA/1732/2022 RUNA RUKSENA PARVIN VS STATE OF WEST BENGAL AND ORS.
With WPA/17406/2019 PAMPA BISWAS VS STATE OF WEST BENGAL & ORS With WPA/17408/2019 UTPAL MARJIT VS STATE OF WEST BENGAL & ORS With WPA/17619/2018 DEBABRATA HALDER VS
STATE OF WEST BENGAL & ORS with WPA/17749/2018 PRADIP KUMAR MAITY & ORS VS STATE OF WEST BENGAL & ORS With WPA/17944/2019 MD. JAMALUDDIN SAIKH @ SK.
VS STATE OF WEST BENGAL & ORS With WPA/18329/2021 ANAMIKA CHOUDHURY AND OTHERS VS STATE OF WEST BENGAL AND ORS.
With WPA/18370/2019 SUJATA KHAN & ORS VS STATE OF WEST BENGAL & ORS With WPA/18865/2018 SOMNATH NANDY & ANR VS STATE OF WEST BENGAL & ORS With
WPA/18880/2021 MURSHID ALAM MOLLA AND ANR VS STATE OF WEST BENGAL AND ORS.
With WPA/19052/2019 ROSHNARA KHATUN VS STATE OF WEST BENGAL & ORS With WPA/19087/2019 SUJIT MAHATA VS STATE OF WEST BENGAL & ORS with IA NO: CAN/1/2020 with WPA/1940/2021 ASGAR SK AND OTHERS VS STATE OF WEST BENGAL AND ORS.
with IA NO: CAN/1/2022 with WPA/19432/2019 MD MAINUL SK VS
STATE OF WEST BENGAL & ORS with WPA/19607/2018 DALIA KHATUN VS STATE OF WEST BENGAL & ORS.
With WPA/19608/2018 SUMIT GHOSH VS STATE OF WEST BENGAL & ORS.
With WPA/19672/2019 DILDAR HOSSAIN VS STATE OF WEST BENGAL & ORS with IA NO: CAN/1/2020 With WPA/1971/2021 SITAL RAJAK AND ORS VS STATE OF WEST BENGAL AND ORS.
With WPA/19733/2018 KAMLA HOSSEN MONDAL VS
STATE OF WEST BENGAL & ORS With WPA/1991/2021 BIPUL SARKAR AND OTHERS VS STATE OF WEST BENGAL AND ORS.
With WPA/20132/2018 RUNA GHOSH & ORS VS STATE OF WEST BENGAL & ORS With WPA/20219/2019 DIPAK MONDAL & ORS VS STATE OF WEST BENGAL & ORS With WPA/202/2022 DEBASHREE DEY AND ORS VS STATE OF WEST BENGAL AND ORS.
With WPA/20227/2019 DEBASISH MUKHERJEE VS STATE OF WEST BENGAL & ORS With
WPA/20246/2018 SRIMANTA DE & ORS VS STATE OF WEST BENGAL & ORS With WPA/20249/2018 SURUCHI SAHA & ORS VS STATE OF WEST BENGAL & ORS With WPA/20251/2018 CHANDAN NANDI VS STATE OF WEST BENGAL & ORS With WPA/20253/2018 RAGHUNATH BANERJEE & ORS VS STATE OF WEST BENGAL & ORS With WPA/20255/2018 SUBRATA CHOUDHURY VS STATE OF WEST BENGAL & ORS With WPA/20257/2018 RATAN KARMAKAR
VS STATE OF WEST BENGAL & ORS With WPA/20258/2018 SUDIPTA DAS VS STATE OF WEST BENGAL & ORS With WPA/20260/2018 RINKU BARMAN VS STATE OF WEST BENGAL & ORS With WPA/20262/2018 ABDUL NASIM MONDAL VS STATE OF WEST BENGAL & ORS With WPA/20263/2018 PULAK BARMAN VS STATE OF WEST BENGAL & ORS With WPA/20264/2018 HOSSEN ALI VS STATE OF WEST BENGAL & ORS
With WPA/20265/2018 BABOR SK VS STATE OF WEST BENGAL & ORS With WPA/20314/2018 PRIYANKA BHATTACHARYA VS STATE OF WEST BENGAL & ORS.
With WPA/20317/2018 TANVI AZMI VS STATE OF WEST BENGAL & ORS.
With WPA/20332/2019 ISMAIL JABIULLAH VS STATE OF WEST BENGAL & ORS With WPA/20341/2019 MANIRUL HOQUE VS STATE OF WEST BENGAL & ORS With WPA/204/2021
DIBYENDU NANDI AND ORS VS STATE OF WEST BENGAL AND ORS.
with WPA/204/2022 MD ANGUR ALI AND ORS VS STATE OF WEST BENGAL AND ORS.
With WPA/20422/2018 SK. ALKAS ALI VS STATE OF WEST BENGAL & ORS With WPA/20425/2018 PRIYANKA KONAR VS STATE OF WEST BENGAL & ORS With WPA/20484/2018 SONAMONI SARKAR & ORS.
VS STATE OF WEST BENGAL & ORS.
With WPA/20495/2018 TARAK NATH KUNDU & ORS VS
STATE OF WEST BENGAL & ORS With WPA/20642/2021 SHILPI MALAKAR VS STATE OF WEST BENGAL AND ORS.
with WPA/2097/2022 MD. ILIAS VS STATE OF WEST BENGAL AND ORS.
with WPA/20987/2019 DALIA BHATTACHARJEE & ORS.
VS STATE OF WEST BENGAL & ORS.
with WPA/20988/2019 ARJINA KHATUN & ORS.
VS STATE OF WEST BENGAL & ORS.
with WPA/20989/2019 SUDEV CH. SARKAR & ORS.
VS STATE OF WEST BENGAL & ORS.
with WPA/20990/2019 SAJJAK ALAM & ORS.
VS STATE OF WEST BENGAL & ORS.
with WPA/20991/2019 KUNAL ROY & ORS.
VS STATE OF WEST BENGAL & ORS.
with WPA/21191/2018 LIPIKA SAHA VS STATE OF WEST BENGAL & ORS with WPA/21398/2018 MONIMALA JANA & ORS.
VS STATE OF WEST BENGAL & ORS.
with WPA/21407/2018 SUDIP GHOSH VS STATE OF WEST BENGAL & ORS.
with WPA/21411/2018
AYESHA KHATUN & ORS.
VS STATE OF WEST BENGAL & ORS.
with WPA/21531/2018 MIRZA ALIUL AZIM & ANR.
VS STATE OF WEST BENGAL & ORS.
with WPA/21649/2018 KANU BALLAV ADHIKARI VS STATE OF WEST BENGAL & ORS with WPA/21650/2018 BUDDHADEV JANA VS STATE OF WEST BENGAL & ORS with WPA/21717/2019 JOYDEV KUNDU VS STATE OF WEST BENGAL & ORS with WPA/21725/2018 NUPUR SAMANTA VS
STATE OF WEST BENGAL & ORS with WPA/21751/2019 MOUMITA DEBNATH & ORS VS STATE OF WEST BENGAL & ORS with WPA/21766/2018 SOUGATA MUKHERJEE & ORS VS STATE OF WEST BENGAL & ORS with WPA/21859/2018 BIDHAN MANDAL & ORS.
VS STATE OF WEST BENGAL & ORS.
with WPA/219/2021 BEAUTY GHOSH VS STATE OF WEST BENGAL AND ORS.
with WPA/22274/2018 SAHAJAN ALI & ORS VS STATE OF WEST BENGAL & ORS with
WPA/2245/2021 MD. ABDUL KAYUM AND ORS VS THE STATE OF WEST BENGAL AND ORS with WPA/22507/2018 MD. AKID JAVED & ORS VS STATE OF WEST BENGAL & ORS with WPA/22701/2019 MD. WASHIM AKRAM VS STATE OF WEST BENGAL & ORS with WPA/22732/2018 TANUSHRI MAHATO VS STATE OF WEST BENGAL & ORS IA NO: CAN/1/2020 with WPA/22848/2018 TAJUDDIN AHMED & ANR VS STATE OF WEST BENGAL & ORS with WPA/229/2021
KAZI MOFIJUL ISLAM AND ORS VS STATE OF WEST BENGAL AND ORS.
with WPA/22962/2018 CHAITALI DEY VS STATE OF WEST BENGAL & ORS with WPA/22998/2018 SAJID AHMED & ORS VS STATE OF WEST BENGAL & ORS with WPA/23013/2018 TATHAGATA NANDY & ORS VS STATE OF WEST BENGAL & ORS with WPA/23016/2018 SAHIDA BANU VS STATE OF W.B. & ORS with WPA/23122/2018 ATASHI DUTTA VS
STATE OF WEST BENGAL &ORS with WPA/23129/2018 JAYASHREE DE VS STATE OF WEST BENGAL &ORS with WPA/23132/2018 SANJUKTA SARKAR VS STATE OF WEST BENGAL &ORS with WPA/23141/2018 PINKEY DEY VS STATE OF WEST BENGAL &ORS with WPA/23353/2018 MONONJIT SARKAR VS STATE OF WEST BENGAL & ORS with WPA/23609/2019 PRADIP SAU & ORS VS STATE OF WEST BENGAL & ORS with
WPA/24496/2018 SABINA KHATUN & ORS VS STATE OF WEST BENGAL & ORS with WPA/24499/2018 SUDIP KUMAR GHOSH & ORS VS STATE OF WEST BENGAL & ORS with WPA/24520/2018 TARUN MAHATA & ORS VS STATE OF WEST BENGAL & ORS with WPA/24522/2018 RAMIZ AHMED & ORS VS STATE OF WEST BENGAL & ORS with WPA/24523/2018 MUNSEHWAR CHOUDHURY & ORS VS STATE OF WEST BENGAL & ORS with WPA/24556/2018 LUTFAR RAHAMAN & ORS
VS STATE OF WEST BENGAL & ORS with WPA/2460/2018 TAMALI DATTA ROY VS STATE OF WEST BENGAL & ORS with WPA/2469/2021 MIR JASMINA AND ORS VS STATE OF WEST BENGAL AND ORS.
IA NO: CAN/1/2022 with WPA/24917/2018 ASHOK KUMAR MAITY VS STATE OF WEST BENGAL & ORS with WPA/24919/2018 APURBA KUMAR MAL VS STATE OF WEST BENGAL & ORS with WPA/24986/2018 BIBHAS MANDAL VS
STATE OF WEST BENGAL & ORS.
with WPA/25180/2018 SONALI SADHAK VS STATE OF WEST BENGAL &ORS with WPA/25374/2018 PIYALI PAKHIRA VS STATE OF WEST BENGAL & ORS with WPA/25375/2018 GOUTAM MOUR VS STATE OF WEST BENGAL & ORS with WPA/25376/2018 MITHU GHOSH(MOUR) VS STATE OF WEST BENGAL & ORS with WPA/25502/2018 LABANYAMOY GHOSH VS STATE OF WEST BENGAL & ORS with
WPA/26065/2018 A.I. MEHEDI HASSAN VS STATE OF WEST BENGAL & ORS with WPA/26067/2018 SAMIM MEHEDI HASAN VS STATE OF WEST BENGAL & ORS with WPA/26069/2018 DIBYENDU BHUIN VS STATE OF WEST BENGAL & ORS with WPA/26071/2018 NASERIN RAHAMAN & ORS VS STATE OF WEST BENGAL & ORS with WPA/26076/2018 MANTU PARAMANIK VS STATE OF WEST BENGAL & ORS with WPA/26078/2018 SK. ANIRUDDHA & ORS
VS STATE OF WEST BENGAL & ORS with WPA/26084/2018 GAUTAM BARMAN & ORS VS STATE OF WEST BENGAL & ORS with WPA/26146/2018 KAZI MD MOHSIN & ORS VS STATE OF WEST BENGAL &ORS IA NO: CAN/1/2022 with WPA/2628/2021 BAPI DAS AND ORS VS STATE OF WEST BENGAL AND ORS.
with WPA/26317/2018 SAIFUDDIN SK VS STATE OF WEST BENGAL & ORS with WPA/26320/2018 SANTOSH MALIK & ORS VS
STATE OF WEST BENGAL & ORS with WPA/2719/2021 PARAMA GHOSH VS STATE OF WEST BENGAL AND ORS.
with WPA/2800/2019 SHIB SANKAR PAL& ORS VS STATE OF WEST BENGAL& ORS with WPA/2802/2021 SUMITRA BHUNIA VS STATE OF WEST BENGAL AND ORS.
with WPA/2811/2019 REBA KHATUN VS STATE OF WEST BENGAL &ORS with WPA/300/2021 BAMA CHARAN SATPATI VS STATE OF WEST BENGAL AND ORS.
with
WPA/303/2021 TAPAS KUMR JANA VS STATE OF WEST BENGAL AND ORS.
with WPA/307/2021 DIPANKAR PATRA VS STATE OF WEST BENGAL AND ORS.
with WPA/310/2021 SUBHAJIT SUTRADHAR VS STATE OF WEST BENGAL AND ORS.
with WPA/3121/2021 TUMPA NAYAK VS STATE OF WEST BENGAL AND ORS.
with WPA/314/2019 ALOKE SARKAR VS STATE OF WEST BENGAL & ORS with WPA/348/2022 FARHANA ISLAM AND ORS
VS STATE OF WEST BENGAL AND ORS.
with WPA/350/2022 SAHIUR RAHAMAN MIDDHYA AND ORS VS STATE OF WEST BENGAL AND ORS.
with WPA/351/2022 SUKUR MOHAMMAD AND ORS VS STATE OF WEST BENGAL AND ORS.
with WPA/4083/2021 CHUMKI MANDAL AND ORS VS STATE OF WEST BENGAL AND ORS.
with WPA/4414/2021 NAJEM HOSSAIN AND ORS VS STATE OF WEST BENGAL AND ORS.
IA NO: CAN/1/2022 with WPA/4451/2019 DIPAK JANA VS
STATE OF WEST BENGAL & ORS with WPA/4903/2019 RIPON SK.
VS STATE OF WEST BENGAL & ORS.
with WPA/4920/2021 NARGIS AKTAR BANU AND ORS VS STATE OF WEST BENGAL AND ORS.
with WPA/4954/2020 KATHAKALI MANDAL (GHOSH) VS STATE OF WEST BENGAL & ORS with WPA/4955/2020 PALASH MANDAL VS STATE OF WEST BENGAL & ORS with WPA/5482/2021 ALI REZA SHAIKH AND ORS VS STATE OF WEST BENGAL AND ORS.
with
WPA/5550/2021 MASUD KARIM AND ORS VS STATE OF WEST BENGAL AND ORS.
with WPA/5584/2022 MD NASIMUL GANI AND ORS VS STATE OF WEST BENGAL AND ORS.
with WPA/5663/2021 TANMAY GHOSH VS STATE OF WEST BENGAL AND ORS.
with WPA/6158/2022 PRASANTA DEBNATH AND ORS VS STATE OF WEST BENGAL AND ORS.
with WPA/6291/2021 DEBASIS ROY VS STATE OF WEST BENGAL AND ORS.
with WPA/668/2021 MAHENUR KHATUN AND OTHERS
VS STATE OF WEST BENGAL AND ORS.
with WPA/685/2021 SUBHAS GHOSH AND OTHERS VS STATE OF WEST BENGAL AND ORS.
with WPA/689/2022 SAIKAT GANGULY AND ANR VS STATE OF WEST BENGAL AND ORS.
with WPA/738/2021 KOUSIK JANA AND OTHERS VS STATE OF WEST BENGAL AND ORS.
with WPA/7809/2019 BASIR AHMED VS STATE OF WEST BENGAL & ORS IA NO: CAN/39/2019(Old No:CAN/10172/2019), CAN/54/2019(Old No:CAN/10552/2019), CAN/55/2019(Old No:CAN/10564/2019), CAN/68/2019(Old No:CAN/10734/2019), CAN/73/2019(Old No:CAN/10866/2019), CAN/74/2019(Old No:CAN/11884/2019), CAN/75/2020(Old No:CAN/2535/2020), CAN/76/2020(Old No:CAN/2536/2020), CAN/77/2020(Old No:CAN/2537/2020), CAN/78/2020(Old No:CAN/2881/2020), CAN/79/2020, CAN/80/2020, CAN/81/2020, CAN/82/2021, CAN/83/2021, CAN/84/2021,
CAN/85/2021, CAN/86/2021, CAN/87/2021, CAN/88/2022, CAN/89/2022, CAN/90/2022, CAN/91/2022, CAN/92/2022, CAN/93/2022, CAN/94/2022, CAN/95/2022, CAN/96/2022, CAN/97/2022, CAN/98/2022, CAN/99/2022, CAN/100/2022, CAN/101/2022, CAN/102/2022, CAN/103/2022, CAN/104/2022, CAN/105/2022, CAN/106/2022, CAN/107/2022, CAN/108/2022, CAN/109/2022, CAN/110/2022, CAN/111/2022, CAN/112/2022, CAN/113/2022, CAN/114/2022, CAN/115/2022, CAN/116/2022, CAN/117/2022, CAN/118/2022, CAN/119/2022, CAN/120/2022, CAN/121/2022, CAN/122/2022, CAN/123/2022, CAN/124/2022, CAN/125/2022, CAN/126/2022, CAN/127/2022, CAN/128/2022, CAN/129/2022, CAN/130/2022, CAN/131/2022, CAN/132/2022, CAN/133/2022, CAN/134/2022, CAN/135/2022, CAN/136/2022, CAN/137/2022, CAN/138/2022, CAN/139/2022, CAN/140/2022, CAN/141/2022, CAN/142/2022, CAN/143/2022, CAN/144/2022, CAN/145/2022, CAN/146/2022, CAN/147/2022, CAN/148/2022, CAN/149/2022, CAN/150/2022, CAN/151/2022, CAN/152/2022, CAN/153/2022, CAN/154/2022, CAN/155/2022, CAN/156/2022, CAN/157/2022, CAN/158/2022, CAN/159/2022, CAN/160/2022, CAN/161/2022, CAN/162/2022, CAN/163/2022, CAN/164/2022, CAN/165/2022, CAN/166/2022, CAN/167/2022, CAN/168/2022, CAN/169/2022, CAN/170/2022, CAN/171/2022, CAN/172/2022, CAN/173/2022, CAN/174/2022, CAN/175/2022, CAN/176/2022, CAN/177/2022, CAN/178/2022, CAN/179/2022, CAN/180/2022, CAN/181/2022, CAN/182/2022, CAN/183/2022, CAN/184/2022, CAN/185/2022, CAN/186/2022, CAN/187/2022, CAN/188/2022, CAN/189/2022, CAN/190/2022, CAN/191/2022, CAN/192/2022, CAN/193/2022, CAN/194/2022, CAN/195/2022, CAN/196/2023, CAN/197/2023, CAN/198/2023, CAN/199/2023, CAN/200/2023, CAN/201/2023, CAN/202/2023 IA NO: CAN/39/2019(Old No:CAN/10172/2019), CAN/54/2019(Old No:CAN/10552/2019), CAN/55/2019(Old No:CAN/10564/2019), CAN/68/2019(Old No:CAN/10734/2019), CAN/73/2019(Old No:CAN/10866/2019), CAN/74/2019(Old No:CAN/11884/2019), CAN/75/2020(Old No:CAN/2535/2020), CAN/76/2020(Old No:CAN/2536/2020), CAN/77/2020(Old No:CAN/2537/2020), CAN/78/2020(Old No:CAN/2881/2020), CAN/79/2020, CAN/80/2020, CAN/81/2020, CAN/82/2021, CAN/83/2021, CAN/84/2021, CAN/85/2021, CAN/86/2021, CAN/87/2021, CAN/88/2022, CAN/89/2022, CAN/90/2022, CAN/91/2022, CAN/92/2022, CAN/93/2022, CAN/94/2022, CAN/95/2022, CAN/96/2022, CAN/97/2022, CAN/98/2022, CAN/99/2022, CAN/100/2022, CAN/101/2022, CAN/102/2022, CAN/103/2022, CAN/104/2022, CAN/105/2022, CAN/106/2022, CAN/107/2022, CAN/108/2022, CAN/109/2022, CAN/110/2022, CAN/111/2022, CAN/112/2022, CAN/113/2022, CAN/114/2022, CAN/115/2022, CAN/116/2022, CAN/117/2022,
CAN/118/2022, CAN/119/2022, CAN/120/2022, CAN/121/2022, CAN/122/2022, CAN/123/2022, CAN/124/2022, CAN/125/2022, CAN/126/2022, CAN/127/2022, CAN/128/2022, CAN/129/2022, CAN/130/2022, 21 CAN/131/2022, CAN/132/2022, CAN/133/2022, CAN/134/2022, CAN/135/2022, CAN/136/2022, CAN/137/2022, CAN/138/2022, CAN/139/2022, CAN/140/2022, CAN/141/2022, CAN/142/2022, CAN/143/2022, CAN/144/2022, CAN/145/2022, CAN/146/2022, CAN/147/2022, CAN/148/2022, CAN/149/2022, CAN/150/2022, CAN/151/2022, CAN/152/2022, CAN/153/2022, CAN/154/2022, CAN/155/2022, CAN/156/2022, CAN/157/2022, CAN/158/2022, CAN/159/2022, CAN/160/2022, CAN/161/2022, CAN/162/2022, CAN/163/2022, CAN/164/2022, CAN/165/2022, CAN/166/2022, CAN/167/2022, CAN/168/2022, CAN/169/2022, CAN/170/2022, CAN/171/2022, CAN/172/2022, CAN/173/2022, CAN/174/2022, CAN/175/2022, CAN/176/2022, CAN/177/2022, CAN/178/2022, CAN/179/2022, CAN/180/2022, CAN/181/2022, CAN/182/2022, CAN/183/2022, CAN/184/2022, CAN/185/2022, CAN/186/2022, CAN/187/2022, CAN/188/2022, CAN/189/2022, CAN/190/2022, CAN/191/2022, CAN/192/2022, CAN/193/2022, CAN/194/2022, CAN/195/2022, CAN/196/2023, CAN/197/2023, CAN/198/2023, CAN/199/2023, CAN/200/2023, CAN/201/2023, CAN/202/2023 with WPA/7988/2021 RENUKA DAS AND ORS VS STATE OF WEST BENGAL AND ORS.
with WPA/8028/2022 KARTIK PRAMANIK AND ORS VS STATE OF WEST BENGAL AND ORS.
with WPA/816/2021 NITAI MANDAL AND ORS
VS STATE OF WEST BENGAL AND ORS.
with WPA/824/2021 SHAMIM RAHAMAN AND ORS VS STATE OF WEST BENGAL AND ORS.
with WPA/8290/2019 LILABATI DEY VS STATE OF WEST BENGAL & ORS with WPA/8613/2019 JAKIR HOSSAIN VS STATE OF WEST BENGAL & ORS with WPA/8614/2019 JOSHEF REJA SK.
VS STATE OF WEST BENGAL & ORS with WPA/8889/2021 ELIUS HASAN AND ORS.
VS STATE OF WEST BENGAL AND ORS.
with WPA/9188/2021 BASIRUDDIN AND ORS VS STATE OF WEST BENGAL AND ORS.
with WPA/9947/2019 GOUTAM KOTAL VS STATE OF WEST BENGAL & ORS For the appellants : Mr. Lakhi Kumar Gupta in MAT 1594 of 2018 Mr. Subir Sanyal & all other matters Mr. Saikat Banerjee Mr. K. Chowdhury Mr. Ratul Biswas For the Respondent in : Mr. Bikash Ranjan Bhattacharyya MAT 1594 of 2018 & Mr. Dibyendu Chatterjee Writ Petitioner in WPA Ms. Piyali Paul 10005 of 2021, Ms. Jhuma Chakraborty WPA 10909 of 2018, Mr. Rahul Deb Goenka WPA 14736 of 2021, Mr. Pritam Mazumder WPA 16598 of 2019 WPA 17749 of 2018, WPA 18370 of 2019, WPA 1991 of 2021, WP 20132 of 2018, WPA 20219 of 2019, WPA 21717 of 2019, WPA 21751 of 2019, WPA 22274 of 2018, WPA 22507 of 2018, WPA 22848 of 2018, WPA 23013 of 2018, WPA 23016 of 2018, WPA 24496 of 2018, WPA 24499 of 2018, WPA 24520 of 2018,
WPA 24522 of 2018, WPA 24523 of 2018, WPA 24556 of 2018, WPA 25180 of 2018, WPA 25502 of 2018 and WPA 2628 of 2021, WPA 2021/2019 WPA 204/2021, WPA 21751/2019, WPA 8028/2022.
For the petitioner in : Mr. Kamalesh Bhattacharyya WPA 5663 of 2021, Mr. Aninda Bhattacharya WPA 2800 of 2019 & WPA 26146 of 2018 For the Respondent in : Mr. Bikash Ranjan Bhattacharyya MAT 1594/2018 & Mr. Sudipta Dasgupta MAT 953/2021 & Mr. Bikram Banerjee Writ Petitioner in Mr. Arka Nandi WPA 16436 of 2018, Ms. Dipa Acharya WPA 16438 of 2018, Mr. Sutirtha Nayek WPA 16440 of 2018, WPA 16448 of 2018 and WPA 16449 of 2018.
For the Intervenor in : Mr. Ali Ahsan Alamgir MAT 999 of 2021 and Ms. Rabia Khatoon MAT 1594 of 2018 & Ms. Soma Mal applicants in CAN 42/2022, CAN 43/2022, CAN 61/2022, CAN 62/2022
and WPA 7809 of 2019 of CAN 120/2022, CAN 146/2022, CAN 147/2022, CAN 149/2022, CAN 155/2022, CAN 157/2022, CAN 158/2022, CAN 162/2022, CAN 167/2022, CAN 171/2022, CAN 177/2022, CAN 178/2022, CAN 180/2022, CAN 181/2022, CAN 196 of 2022 & CAN 199 of 2022.
For the Appellant in MAT 999/2021 : Mr. Ali Ahsan Alamgir & Writ Petitioner in WPA10304/23019, Ms. Rabia Khatoon WPA10306/2019, Ms. Soma Mal WPA10308/2019,WPA10540/2019, WPA10541/2019,WPA10543/2019, WPA10800/2019,WPA10803/2019, WPA11001/2019,WPA11002/2019, WPA 11003/2019,WPA1125/2021, WPA11701/2019,WPA11702/2019, WPA 12021/2019,WPA13016/2019, WPA 16242/2019,WPA16244/2019, WPA 164/2022,WPA17003/2019, WPA 17024/2018,WPA17025/2018, WPA 1704/2012,WPA1729/2022, WPA 1732/2022, WPA17406/2019, WPA17408/2019,WPA 17009/2018, WPA17018 of 2018, WPA 17944/2019, WPA 18865/2018, WPA 18880/2021,
WPA 19052/2019, WPA 19087/2019, WPA 19432/2019, WPA 19607/2018, WPA 19608/2018, WPA 20227/2019, WPA 20314/2018, WPA 20317/2018, WPA 20332/2019, 20341/2019, WPA 204/2022, WPA 20642/2021, WPA 2097/2022, WPA 21191/2018, WPA 219/2021, WPA 2245/2021, WPA 314/2019, WPA 5584/2022, WPA 8290/2019, WPA 8613/2019, WPA 8614/2019, WPA 8889/2021, WPA 9947/2019, WPA 22732/2018 & WPA 26146 of 2018.
For the Writ Petitioner in : Mr. Firdous Samim WPA 10954 of 2021, WPA 10958 of 2021, Ms. Gopa Biswas WPA 11433 of 2020, WPA1971 of 2021, Ms. Moushumi Hazra WPA 20246 of 2018, WPA 20249 of 2018, WPA 20251 of 2018, WPA 20253 of 2018, WPA20255 of 2018, WPA 20257 of 2018, WPA 20258 of 2018,WPA 20260 of 2018, WPA 20262 of 2018, WPA 20263 of 2018, WPA 20264 of 2018, WPA 20265 of 2018, WPA 20484 of 2018, WPA 20495 of 2018, WPA 21398 of 2018, WPA 21407 of 2018, WPA 21411 of 2018, WPA 21766 of 2018, WPA 229 of 2021, WPA 22962 of 2018, WPA 22998 of 2018, WPA 23609 of 2019,
WPA 26065 of 2018, WPA 26067 of 2018 WPA 26069 of 2018, WPA 26071 of 2018, WPA 26076 of 2018, WPA 26078 of 2018, WPA 26084 of 2018, WPA 26317 of 2018, WPA 26320 of 2018, WPA 2811 of 2019, WPA 348 of 2022, WPA 349 of 2022, WPA 350 of 2022, WPA 351 of 2022, WPA 4083 of 2021, WPA 7988 of 2021 and WPA 824 of 2021.
For the applicants in CAN 7 of 2022 : Mr. Firdous Samim and CAN 8 of 2022, CAN 94 of 2022, Ms. Gopa Biswas CAN 102 of 2022, CAN 108 of 2022, Ms. Moushumi Hazra CAN 118 of 2022, CAN 132 of 2022, CAN 177 of 2022, CAN 187 of 2022.
For the petitioner in WPA : Mr. Amit Kumar Dutta 19672/2019 For the petitioner in WPA 202/2022 : Mr. Gautam Banerjee & applicant in CAN 66/2022, Mr. Sandip Kumar Mondal CAN 13 of 2022, CAN 14 of 2022, Ms. Priya Dey CAN 15 of 2022, CAN 16 of 2022, Mr. Sumit Routh CAN 17 of 2022, CAN 19 of 2022, Ms. Chumki Das Bairagya CAN 23 of 2022, CAN 36 of 2022, Ms. Riya Das CAN 37 of 2022, CAN 38 of 2022, CAN 39 of 2022, CAN 44 of 2022, CAN 46 of 2022, CAN 48 of 2022,
CAN 50 of 2022, CAN 51 of 202, CAN 55 of 2022, CAN 58 of 2022, CAN 60 of 2022, CAN 64 of 2022, CAN 70 of 2022, CAN 73 of 2022, CAN 74 of 2022, CAN 75 of 2022.
For the Appellant in MAT 1594 : Mr. Sudipta Dasgupta of 2018 & Writ Petitioner in WPA 16436 of 2018, WPA 16438 of 2018, WPA 16440 of 2018, WPA 16448 of 2018, WPA 16449 of 2018 For the petitioner in WPA 1099/2021, : Mr. Goutam Dey WPA 668/2021, WPA 738/2021, Mr. Dipendu Sarka WPA816/2021 Mr. Kaushal Kumar Ms. Ankita Ghosh For the petitioner in WPA 7809 of 2019. : Mr. Atarup Banerjee Mr. Abu Sohel Ms. Poulami Roy For the petitioner in WPA18329/2021, : Mr. Avirup Chatterjee WPA 2469/2021, WPA 4414/2021, WPA 4920/2022, WPA 5482/2021, WPA 9188/2021, WPA 1053/2022, WPA 6158/2022 For the petitioner in WPA 22701 of 2019, : Mr. Gazi Faruque Hossain WPA 4954 of 2020, WPA 4955 of 2020, Ms. Priyanka Mondal
WPA 6291 of 2021 for the petitioners in WPA 21859/2018, : Mr. Anindya Bose WPA 23353/2018 WPA 24917/2018, Mr. Diptendu Mondal WPA 24919/2018 WPA 17619/2018, Mr. Nikhil Kr. Gupta WPA 4451/2019 WPA 590/2019, Mr. Mridul Biswas WPA 1396/2021, WPA 23353/2018, WPA 24234/2018.
For the petitoner in WPA 14722 of 2021, : Mr. Avijit Chakraborty WPA 14728 of 2021 and WPA 14736 of 2021.
For the petitoner in WPA 2460 of 2018 : Mr. Sukanta Chakraborty Mr. Juber Ahamed For the petitioner in WPA 1316 of 2022, : Mr. S.P. Lahiri WPA 2719 of 2021 and WPA 5550 of 2021. Mr. R. Naskar For the petitioner in WPA 21725/2018, : Ms. Rama Haldar WPA 2802/2021, WPA 689/2022, WPA 21649/2018, WPA 21650/2018, For the applicant/petitioner in : Mr. Biswarup Biswas CAN 56/2022 & 57/2022 of MAT Mr. Samik Dey 1594 of 2018 Mr. Subhadeep Adhikari For the addition of party : Mr. Ritam Chowdhury in CAN 63 of 2022, CAN 69 of 2022.
For the petitioner in : Ms. Priyakshi Banerjee WPA 21766 of 2018. Mr. Sabyasachi Roy For the State in WPA 16448 of 2018 : Mr. Rajarshi Basu Mr. S.T. Mina For the State in WPA 5663 of 2021, : Mr. Rajaram Banerjee WPA19432 of 2019 For the Resp. in WPA 16448 of : Mr. Pratick Sardar 2018.
For the State in WPA 10954 of 2018, : Mr. Bhaskar Prasad Vaisya WPA 10958 of 2018 Mr. Ranjan Saha For the applicant in CAN 37 of 2022 : Mr. Rabi Sankar Chattopahyay & CAN 49 of 2022 Mr. Sayan Chattopadhyay Mr. Ivan Sarkar Mr. R. Ali Molla For the applicant in CAN 150/2022 : Mr. Anshuman Chakraborty of WPA 7809/2019 Mr. Prasanta Bishal For the applicant CAN 152/2022, : Mr. Prabir Kr. Chowdhuri CAN 159/2022 of WPA 7809/2019 For the State in WPA 16536 of 2021 : Mr. Bhaskar Prasad Vaisya Mr. Arindam Chattopadhyay
For the State in WPA 20988 of 2019 : Mr. Bhaskar Prasad Vaisya Mr. Sagnik Chatterjee For the State in WPA 7809 of 2019 : Mr. Bhaskar Prasad Vaisya & for DPSC in WPA 8290 of 2019 Mr. Suman Dey For the State in MAT 953 of 2021 : Mr. Amal Kumar Sen, Ld. AGP Mr. Sajal Pandit For the State in WPA 14728 of 2021 : Mr. Pinaki Dhole Mr. Avishek Prasad For the DPSC in MAT 1594 of 2018 : Mr. Arindam Chattopadhyay & for State in WPA 16536 of 2021 For the State in WPA 10909 of 2018, : Mr. Arindam Chattopadhyay WPA 20255 of 2018, WPA 21766 of 2018, Ms. Lipika Chatterjee WPA 23609 of 2019 and WPA 2460 of 2018, Mr. Bhaksar Prasad Vaisya WPA 16536/2021 For the State in WPA 20257 of 2018, : Mr. Susanta Pal WPA 20314/2018 Mr. Prabir Kumar Roy For the State in WPA 25375 of 2018 : Mr. Susovan Sengupta Mr. Manas Kumar Sadhu For the DPSC, Nadia/State in : Mr. Arindam Chattopadhyay MAT 1594 of 2018, WPA 12021/2019, Ms. Lipika Chatterjee WPA 10306/2019, WPA 10541/2019, WPA 10909/2018, WPA 10950/2019, WPA 11001/2019, WPA 1125 /2021, WPA 17024/2018, WPA17944/2019,
WPA 19052/2019, WPA19607/2018, WPA 8614/2019, WPA 19733/2018, WPA 20255/2018, WPA 20257/2018, WPA 21760/2018, WPA 2460/2018, WPA 314/2019, WPA 19672/2019, WPA 3121 of 2021, WPA 23609/2018, WPA 2460/2018, WPA 314/2019, WPA 19672/2019, WPA 3121/2021, WPA 12021/2019, WPA 10956/2019, WPA17014/2018,WPA 17944/2019, WPA19052/2019, WPA 19607/2018, WPA 8614/2019.
For the DPSC, Dakshin Dinajpur in : Mr. Supriya Chattopadhyay WPA 17749 of 2018 and State in Ms. Iti Dutta WPA 1732/2022, WPA 7988/2021 Mr. Supriya Chattopadhyay For the State in WPA 1053 of 2022, : Mr. Suman Dey WPA 2802 of 2021 & WPA 8290 of 2019.
For the DPSC in WPA 21649 of 2018, : Mr. Bhaskar Prasad Vaisya WPA 21650/2018 Mr. Nilay Baran Mondal For the DPSC, Purba Medinipur in : Mr. Kamal Mishra WPA 7809/2019 For the DPSC in WPA 20132 of 2018 : Mr. Bhaskar Prasad Vaisya Mr. Suman Dey
Mr. Sagnik Chatterjee Mr. Pinaki Bhattacharyya Mr. Nilay Baran Mondal For the State in WPA 10954/2018, : Mr. Bhaskar Prasad Vaisya WPA 10958/2018 WPA 202/2022 Mr. Raja Saha Mr. Suman Dey for the State in WPA 8028 of 2022 : Mr. Raja Saha Mr. Binekananda Tripathy for the State in WPA 7809/2019 : Mr. Bhaskar Prasad Vaisya & WPA 202 of 2022 Mr. Suman Dey For the Added Resp. in : Mr. Asit Baran Ghosh WPA 7809 of 2019 Mr. Somesh Ghosh For the Resp. in MAT 1594/2018 : Ms. Aparupa Bhattacharyya of CAN 65/2022 For the applicant in CAN 37 of 2022 : Mr. Santanu Maji in MAT 1594 of 2018 and CAN 168 of 2022 Mr. Sayan Chattopadhyay & CAN 183 of 2022 in WPA 7809 of 2019 Mr. Subhayu Das For the applicant in CAN 39 of 2022, : Mr. Sandipan Das CAN 52 of 2022 & CAN 72 of 2022 Ms. Indrani Roy of MAT 1594 of 2018 For the NCTE in all matters : Mr. Sauvik Nandy
For the Writ Petitioner in WPA 2397 of 2021, : Mr. Gopal Das WPA 2400 of 2021, WPA 2733 of 2021, WPA 3969 of 2022 & WPA 3972 of 2022 and for applicant in CAN 80 of 2020 and CAN 82 of 2021 of WPA 7809 of 2019 and CAN 7990 of 2019 and CAN 8003 of 2019 of MAT 1594 of 2018 and WPA 7909 of 2019 ....
For the petitioner/respondent in : Ms. Tamali Dutta Roy WPA 2460/2018 Mr. Sukanta Chakraborty Mr. Zubin Ahamed For the applicant in CAN 11 of 2022 : Mr. Samim Ahammed of MAT 1594 of 2018 Ms. Ambiya Khatun For the applicant in CAN 1 of 2022 : Mr. K.D. Poddar of WPA 19672 of 2019 Mr. Amit Kr. Dutta .....
For the applicant in CAN 56 of 0222, : Mr. Suman Dey CAN 57 of 2022. In MAT 1594/2018. Mr. Subhadeep Adhikari For the State in WPA 22962 of 2021, : Mr. Sudipta Panda WPA 10803 of 2019, WPA 14736 of 2021 Ms. Munmun Tewari for the petitioner in WPA 3121/2021. : Ms. Sujata Mukherjee For the State in WPA 2097/2022, : Mr. Swapan Kr. Dutta, Ld.AGP WPA 5584/2022 Mr. Pradyut Kr. Das
Mr. Rajat Dutta for the State in WPA 20990/2019, : Mr. Sajal Kumar Pandit WPA 10800/2019 For the State in : Mr. Rabindra Nath Pal WPA 8290 of 2019.
For the State in WPA 24556/2018 : Mr. Tapas Kumar Mondal For the DPSC, Nadia in : Mr. Arindam Chattopadhyay MAT 1594/2018 For the State in WPA 10308/2019, : Mr. Tulshi Das Roy WPA 16598/2019, WPA 17025/2018, WPA 17406/2019, WPA 19733/2018 & WPA 20251/2018 For the applicants in : Mr. Goutam Banerjee all matters. Ms. Priya Dey For the applicants of CAN 193 of 2022 : Ms. Reshmi Ghosh & CAN 194 of 2022 in WPA 7809 of 2019. Mr. Golam Mahiuddin Mr. Raja Mandal For the applicant of CAN 53 of 2022 : Ms. Sonam Ray in MAT 1594 of 2018 For the State in WPA 6291 of 2021 : Mr. Debasis Roy
Sk. Md. Masud Heard On : 06.01.2023 Judgement Delivered On : 13.04.2023 Supratim Bhattacharya, J.:- This bunch of appeals with their connected applications as well as the several writ petitions attached to this bunch of appeals involve a common question of fact and law. The common question is the claim of the private respondents to MAT 1594 of 2018 and MAT 953 of 2021 and the appellants in MAT 999 of 2021 along with the several writ petitioners in the writ petitions appearing for analogous consideration with, these appeals, pertains to grant of six marks against six wrong question and answer keys of the Teacher Eligibility Test (TET), 2014 Examination conducted by the West Bengal Board of Primary Education (for short, the Board).
By an initial Order dated 3rd of October, 2018 in the writ petition being WP 23006 (W) of 2017, a Hon'ble Single Bench was pleased to grant six marks to all the writ petitioners who arrived before the Court with the complaint that the six questions and answer keys of the TET 2014 paper were wrong.
to the petitioner/ petitioners in accordance with law against the available vacant post of assistant teacher/teachers. It has also been mentioned that the said order is strictly restricted in respect of the mentioned writ petitions. The fact of the present case is that the respondents/petitioners had appeared in the Teacher Eligibility Test, 2014 (hereinafter referred to as TET 2014) along with other examinees. After the result of the said examination been declared these writ petitioners found themselves to have been unsuccessful in clearing the said examination which is one of the criteria which is required to be possessed for being eligible to be an assistant teacher. Being unsuccessful the writ petitioners challenged the assessment of the said examination. They further challenged the said question paper on the ground that some questions were wrong.
The Hon'ble Single Bench after hearing all the parties concerned appointed the Vice Chancellor Visva Bharati to examine correctness of the 11 questions of JGB Question Booklet series by experts. The Vice Chancellor of Visva Bharati submitted the expert report in respect of the 11 questions in two phases. After going through the aforesaid expert report, the Secretary of West Bengal Board of Primary Education was directed to take the steps as has been directed by the impugned orders.
Being dissatisfied with the order of the Hon'ble Single Bench stating that the impugned orders are strictly restricted in respect of writ petitions/petitioner, one Basir Ahmed filed an independent appeal with the
leave of the Court for a declaration that the order passed by the Learned Single Judge operated in rem and not in personam. A coordinate Division Bench of this Court rejected the prayer for leave to appeal and being aggrieved by the said rejection a Special Leave Petition was preferred before the Hon'ble Apex Court. By an order dated 1st of April 2019 the Hon'ble Supreme Court, inter alia granted liberty to file a writ petition which is to be heard along with the appeal filed by the West Bengal Board of Primary Education (for short the Board), in order to bring finality to the dispute. As such this instant appeal. Being aggrieved and dissatisfied with the Judgement and Order dated 03.10.2018 of the Hon'ble Single Bench passed in W.P. No. 23006 (W) of 2017 the appellant that is the Board has preferred the instant appeal being No. MAT No. 1594 of 2018.
Thereafter one Basir Ahmed preferred a leave to appeal before a concurrent Hon'ble Division Bench of this Court inter alia praying that the effect of the Judgement and Order dated 3.10.2018 should be in rem instead of being in personam. The concurrent Hon'ble Division Bench by an order dated 5.02.2019 dismissed the leave to appeal challenging the said order dated 5.02.2019. The said Basir Ahmed preferred a Special leave to Appeal being SLP (C) No. 5945 of 2019 the Hon'ble Supreme Court was inter alia pleased to dispose of the appeal requesting the Hon'ble High Court at Calcutta to expeditiously dispose of the appeal filed by the Board together with other pending writ petitions on the same issue.
The Learned Counsel appearing on behalf of the West Bengal Board of the Primary Education has during his submission stated that the present Mandamus appeal of the Board is from a common Judgement dated 03.10.2018 passed by the Hon'ble Single Bench by which several writ petitions were allowed in part by directing the Board to grant 6 marks to candidates of TET 2014 who had attempted the specified 6 questions where either the question or the answer key of the Board were found wrong by the expert appointed by the Court. This Judgement was confined to the writ petitioners and the Hon'ble Court directed that the vacancies were available, for those who could qualify after grant of additional marks, to be appointed. He has further submitted that one Basir Ahmed has filed an application for leave to appeal against the Judgement dated 3.10.
2018 praying that the said judgement should have been extended to all who have been participated in 2014. He has further submitted that the said seeking leave to appeal was dismissed and thereafter a Special Leave Petition was preferred before the Hon'ble Supreme Court and the Hon'ble Apex Court vide order dated 1.04.2019 directed that Basir Ahmed may file a writ petition seeking similar relief as granted by the Hon'ble Single Judge which is to be heard along with the appeal of the Board and the Hon'ble Apex Court has also directed similar other writ petitions to be heard together.
Learned Counsel has further submitted that two issues are required to be decided by this Hon'ble Court, first whether the direction of the Hon'ble
Single Bench to allow the additional marks for the six wrong questions/answers keys to the candidates who had merely attempted those questions is correct and as to whether the said Judgement of the Hon'ble Single Bench should be restricted to the petitioners who were parties to the writ petitions on which such judgement was passed or whether the benefits of the same should be extended to all candidates who had participated in TET 2014. It has further been submitted that the Hon'ble Single Bench recorded in its order dated 27.7.2017 that the parties consent to abide by the report of the experts.
The Learned Counsel has further submitted that the direction for awarding additional marks does not appear to be wholly correct. He has further submitted that it is true that errors in the Question Booklet constitute a fault on the part of the Board for which the candidates must not suffer. He has further submitted that where the answer given by the candidates is incorrect as per the report of the expert then the said candidate must not be entitled to any additional marks for that particular question. He has further submitted that where a candidate had marked the option for which he or she has not been awarded marks as it did not tally with the answer key of the Board but the answer matches with the expert view then the said candidate must be entitled to additional marks.
Learned Counsel has submitted that awarding marks as directed by the Hon'ble Single Bench for merely attempting is contrary to and in consistent
with the basic system of marking in any examination. Learned Counsel has relied upon a judgement of the Hon'ble Supreme Court passed in Rishal vs Rajastahan Public Service Commission reported in (2018) 8 SCC 81. Wherein the Hon'ble Supreme Court directed award of additional marks for the question attempted were the same as per the expert opinion. He has further submitted that it does not appear from the said Judgement as to whether such other candidates approached the High Court or not.
He has also submitted that there are many other writ petitioner/applicants claiming similar reliefs which have been filed subsequently and are still being filed are highly belated and are fence sitters and such petitions are to be dismissed as laid down in the lis between UP Jal Nigam vs Jaswant Singh reported in 2006 11 SCC 464. Learned Counsel has further submitted that those who may qualify on the basis of additional marks may be allowed to participate in future recruitment process by relaxing their upper age limit as a one-time measure in respect of the first recruitment process to be initiated hereafter.
The Learned Counsel has further submitted that the entire exercise of grant of additional marks is to be carried out on the basis of the digitized data of original OMR Sheet preserved as record of the Board since the original OMR Sheets of all the candidates numbering nearly 13 lakhs were destroyed by the Board. The Learned Counsel has further submitted that in MAT 953/2021 further directions has been sought for inter alia of the Hon'ble Court to the
award of cost of Rs. 20 thousand to each of the 19 petitioners by the then President of the Board personally for the reason that the President is in the helm of affairs of the Board.
The Learned Counsel appearing on behalf of the respondent/writ petitioners has submitted that the Board has inter alia filed the instant appeal on the ground that the Hon'ble Single Bench has erred in fact as well as in law in directing the Board to award marks to the respondent writ petitioners who attempted the wrong questions/answers as because it is the contention of the Board that respondents /writ petitioners who attempted 6 wrong questions and have chosen the wrong key answers cannot claim marks for the said questions. The Learned Counsel has further submitted that if the Board chooses not to award any mark for attempting wrong questions and/ or answers it would be highly improper and arbitrary as the key answer provided by the Board has not been found to be correct by the experts but marks have been awarded to the candidates for the said questions who answered according to the Board's key answer.
It has further been submitted by the Learned Counsel that when several candidates have been given marks for attempting wrong options given by the Board and have qualified the TET 2014 and many of them have also been appointed through the 2016 selection process as such denial to give marks to the petitioners and/or candidates who have attempted the wrong questions is absolutely violation of principle of equality and violates the Article 14 of the
Constitution of India. It has further been submitted that subsequently the Board has initiated another selection process for recruitment of Primary Teachers from amongst the TET 2014 qualified candidates by publication of notice dated 23.12.2020. the Learned Counsel has further submitted that when the notification dated 23.12.2020 was published it was in the knowledge of the Board that 6 question and/ or options were wrong in the Question Booklet and several candidates who have answered according to the Boards key answers have been awarded marks for 6 wrong question though the answers were wrong as per the report of the Expert Committee. He has further submitted that in spite of knowledge of the said fact the Board did not choose to reevaluate the OMR Sheets of the TET 2014 and decided to proceed with the selection process.
Learned Counsel has further submitted that the respondent and other similarly placed candidates are being penalized for no fault on their part. The Learned Counsel has also submitted that the Board issued a further notification for publication of list of candidates for scrutiny verification and interview who have qualified TET 2014 after awarding 6 marks for attempting the wrong questions. The Learned Counsel has further submitted that by publication of the notice dated 20.12.2021 the Board has accepted the order dated 03.10.2018 and has awarded 6 marks to the candidates who have attempted the said wrong questions and now the Board cannot say that the candidates who have only correctly answered the 6 wrong questions as per the
opinion of the experts will be entitled to get marks for the said wrong questions.
From the impugned Judgement it reveals that the Hon'ble Single Bench has directed the Secretary, West Bengal Board of Primary Education to award marks to the petitioner/petitioners who attempted the wrong question/options in the key answers of JGB Question Booklet series and after awarding marks if it is found that the petitioner/petitioners is/are otherwise eligible then the Secretary is further directed to take steps to give appointment to the petitioner/petitioners in accordance with law against the available vacant post of Assistant Teachers. It has also been stated that the order is strictly restricted in respect of writ petitions mentioned as above. The crux of the instant appeals is as to whether the marks which were allotted for the wrong question/options are to be allotted to which category of the examinees if any and as to whether the said Judgement and order is to be treated in personam or in rem.
As regards to the aforementioned first issue this Court is of the view that those examinees who were definite about the said wrong questions/options which are under discussion might not have attempted those questions as because a person having the accurate knowledge knowing the correct answer would not have opt for any of the wrong option though the said examination did not have the provision for negative marking for giving wrong answers. As such there might have been examinees who knew the correct answer and had
not attempted the same knowing the options given in the OMR sheet to be wrong.
As per the directions by the Hon'ble Single Bench only those examinees who attempted the wrong questions/options the key answers of JGB Question Booklet series are to be awarded marks so those examinees who abstained from answering the wrong question/options having the knowledge of the correct option might be the losers as they are not be awarded marks. As regards to the wrong options in the key answers this Court was initially of the view that those who have opted the correct options as per the experts opinion be awarded marks. If that is directed it would give rise to further complications as all the original OMR Sheets have been destroyed. As such considering the present situation, this Court is of the opinion that, in respect of the questions wherein the options in the key answers are not tallying between the options given by the Board and that of the experts, all the examinees be awarded the marks for the said questions wherein the options in the key answers were not correct.
Having heard the parties and closely considering the materials placed, this Court must examine the issue and award six marks against the six defective questions on the test of prejudice caused to all candidates who appeared in the examination. Considering the order impugned of the Hon'ble Single Bench which granted six marks across the Board to all the six petitioners who approached the Hon'ble Single Bench, this Court is also of the
view that each candidate who appeared in the said examination were equally disadvantaged and/or prejudiced by the said six defective questions and hence be awarded the six marks.
Accordingly, to the mind of this Court both sides of examinees stood equally circumstanced. The fault in not providing the correct question with the correct answer keys and therefore not providing all candidates with a level playing field lies with the Board. The Board cannot therefore now sub-divide and/or micro-manage the issue by leaning towards one set of examinees to the disadvantage of other set.
This Court is also of the considered view that none shall be prejudiced and/or inter se performance of any examinee vis a vis the other shall not be affected in the event all the candidates are granted six marks against the six wrong questions.
The Secretary of the West Bengal Board is thus directed to award marks to all the examinees irrespective of whether they have attempted the wrong question/options in the key answers of the JGB question Booklet series or not. This Order shall not however affect steps taken so far by the Board or, already in the process of being taken by the Board, in respect of TET 2014. In the light of the discussion above, the Order impugned directing payment of costs also stands set aside.
Both the Orders dated 3rd October, 2018 and 3rd September, 2021 in so far as such Orders grant 6 marks to the candidates stand accordingly affirmed. In view of the above directions, this Court holds the award of marks to be in rem and not in personam. The second issue stands accordingly answered. MAT of with IA NO:
CAN/1/2019(Old No:CAN/5471/2019), CAN/3/2019(Old No:CAN/8274/2019),CAN/4/2021, CAN/5/2021 CAN/6/2022, CAN/7/2022, CAN/8/2022, CAN/9/2022, CAN/10/2022, CAN/11/2022, CAN/12/2022, CAN/13/2022, CAN/14/2022, CAN/15/2022, CAN/16/2022, CAN/17/2022, CAN/18/2022, CAN/19/2022, CAN/20/2022, CAN/21/2022, CAN/22/2022, CAN/23/2022, CAN/24/2022, CAN/25/2022, CAN/26/2022, CAN/27/2022, CAN/28/2022, CAN/29/2022, CAN/30/2022, CAN/31/2022, CAN/32/2022, CAN/33/2022, CAN/34/2022, CAN/35/2022, CAN/36/2022, CAN/37/2022, CAN/38/2022, CAN/39/2022, CAN/40/2022, CAN/41/2022, CAN/42/2022, CAN/43/2022, CAN/44/2022, CAN/45/2022, CAN/46/2022, CAN/47/2022, CAN/48/2022, CAN/49/2022, CAN/50/2022, CAN/51/2022, CAN/52/2022, CAN/53/2022, CAN/54/2022, CAN/55/2022, CAN/56/2022, CAN/57/2022, CAN/58/2022, CAN/59/2022, CAN/60/2022, CAN/61/2022, CAN/62/2022, CAN/63/2022, CAN/64/2022, CAN/65/2022, CAN/66/2022, CAN/67/2022, CAN/68/2022, CAN/69/2022, CAN/70/2022, CAN/71/2023, CAN/72/2023, CAN/73/2023, CAN/74/2023, CAN/75/2023, CAN/76/2023, CAN/77/2023 With MAT/953/2021 With MAT/999/2021 with IA NO: CAN/1/2021, CAN/2/2021 With WPA/10005/2021 With WPA/10304/2019 With WPA/10306/2019 With WPA/10308/2019 With WPA/1053/2022 With WPA/10540/2019 With WPA/10541/2019 With WPA/10543/2019
With WPA/10800/2019 With WPA/10803/2019 With WPA/10909/2018 With WPA/10954/2021 With WPA/10956/2019 With WPA/10958/2021 With WPA/1099/2021 With WPA/11001/2019 With WPA/11002/2019 With WPA/11003/2019 With WPA/11004/2019 With WPA/1125/2021 With WPA/11433/2020 With WPA/11701/2019 With WPA/11702/2019 With WPA/12021/2019 With WPA/13016/2019 with WPA/1316/2022 With WPA/1353/2020 With WPA/1396/2021 With WPA/14722/2021 With WPA/14728/2021 With WPA/14736/2021 With WPA/16242/2019 With WPA/16244/2019 With WPA/164/2022 With WPA/16436/2018 With WPA/16438/2018 With WPA/16440/2018 With WPA/16448/2018 With WPA/16449/2018 With WPA/16536/2021 With WPA/16598/2019 With WPA/17003/2019 With WPA/17009/2018 With WPA/17018/2018 With WPA/17024/2018 With WPA/17025/2018 With WPA/1704/2021 With WPA/1729/2022 With WPA/1732/2022 With WPA/17406/2019 With WPA/17408/2019 With WPA/17619/2018 With WPA/17749/2018 With WPA/17944/2019 With WPA/18329/2021 With WPA/18370/2019 With WPA/18865/2018 With WPA/18880/2021
With WPA/19052/2019 With WPA/19087/2019 with IA NO: CAN/1/2020 with WPA/1940/2021 with IA NO: CAN/1/2022 with WPA/19432/2019 with WPA/19607/2018 With WPA/19608/2018 With WPA/19672/2019 With IA NO: CAN/1/2020 With WPA/1971/2021 With WPA/19733/2018 With WPA/1991/2021 With WPA/20132/2018 With WPA/20219/2019 With WPA/202/2022 With WPA/20227/2019 With WPA/20246/2018 With WPA/20249/2018 With WPA/20251/2018 With WPA/20253/2018 With WPA/20255/2018 With WPA/20257/2018 With WPA/20258/2018 With WPA/20260/2018 With WPA/20262/2018 With WPA/20263/2018 With WPA/20264/2018 With WPA/20265/2018 With WPA/20314/2018 With WPA/20317/2018 With WPA/20332/2019 With WPA/20341/2019 With WPA/204/2021 with WPA/204/2022 With WPA/20422/2018 With WPA/20425/2018 With WPA/20484/2018 With WPA/20495/2018 With WPA/20642/2021 with WPA/2097/2022 with WPA/20987/2019 with WPA/20988/2019 with WPA/20989/2019 with WPA/20990/2019 with WPA/20991/2019 with WPA/21191/2018
with WPA/21398/2018 with WPA/21407/2018 with WPA/21411/2018 with WPA/21531/2018 with WPA/21649/2018 with WPA/21650/2018 with WPA/21717/2019 with WPA/21725/2018 with WPA/21751/2019 with WPA/21766/2018 with WPA/21859/2018 with WPA/219/2021 with WPA/22274/2018 with WPA/2245/2021 with WPA/22507/2018 with WPA/22701/2019 with WPA/22732/2018 IA NO: CAN/1/2020 with WPA/22848/2018 with WPA/229/2021 with WPA/22962/2018 with WPA/22998/2018 with WPA/23013/2018 with WPA/23016/2018 with WPA/23122/2018 with WPA/23129/2018 with WPA/23132/2018 with WPA/23141/2018 with WPA/23353/2018 with WPA/23609/2019 with WPA/24496/2018 with WPA/24499/2018 with WPA/24520/2018 with WPA/24522/2018 with WPA/24523/2018 with WPA/24556/2018 with WPA/2460/2018 with WPA/2469/2021 with IA NO: CAN/1/2022 with WPA/24917/2018 with WPA/24919/2018 with WPA/24986/2018 with WPA/25180/2018 with WPA/25374/2018 with WPA/25375/2018 with WPA/25376/2018 with WPA/25502/2018 with WPA/26065/2018 with WPA/26067/2018 with WPA/26069/2018 with WPA/26071/2018 with WPA/26076/2018
with WPA/26078/2018 with WPA/26084/2018 with WPA/26146/2018 with IA NO: CAN/1/2022 with WPA/2628/2021 with WPA/26317/2018 with WPA/26320/2018 with WPA/2719/2021 with WPA/2800/2019 with WPA/2802/2021 with WPA/2811/2019 with WPA/300/2021 with WPA/303/2021 with WPA/307/2021 with WPA/310/2021 with WPA/3121/2021 with WPA/314/2019 with WPA/348/2022 with WPA/350/2022 with WPA/351/2022 with WPA/4083/2021 with WPA/4414/2021 with IA NO: CAN/1/2022 with WPA/4451/2019 with WPA/4903/2019 with WPA/4920/2021 with WPA/4954/2020 with WPA/4955/2020 with WPA/5482/2021 with WPA/5550/2021 with WPA/5584/2022 with WPA/5663/2021 with WPA/6158/2022 with WPA/6291/2021 with WPA/668/2021 with WPA/685/2021 with WPA/689/2022 with WPA/738/2021 with WPA/7809/2019 with IA NO:
CAN/39/2019(Old No:CAN/10172/2019), CAN/54/2019(Old No:CAN/10552/2019), CAN/55/2019(Old No:CAN/10564/2019), CAN/68/2019(Old No:CAN/10734/2019), CAN/73/2019(Old No:CAN/10866/2019), CAN/74/2019(Old No:CAN/11884/2019), CAN/75/2020(Old No:CAN/2535/2020), CAN/76/2020(Old No:CAN/2536/2020), CAN/77/2020(Old No:CAN/2537/2020), CAN/78/2020(Old No:CAN/2881/2020), CAN/79/2020, CAN/80/2020, CAN/81/2020, CAN/82/2021, CAN/83/2021, CAN/84/2021, CAN/85/2021, CAN/86/2021, CAN/87/2021, CAN/88/2022,
CAN/89/2022, CAN/90/2022, CAN/91/2022, CAN/92/2022, CAN/93/2022, CAN/94/2022, CAN/95/2022, CAN/96/2022, CAN/97/2022, CAN/98/2022, CAN/99/2022, CAN/100/2022, CAN/101/2022, CAN/102/2022, CAN/103/2022, CAN/104/2022, CAN/105/2022, CAN/106/2022, CAN/107/2022, CAN/108/2022, CAN/109/2022, CAN/110/2022, CAN/111/2022, CAN/112/2022, CAN/113/2022, CAN/114/2022, CAN/115/2022, CAN/116/2022, CAN/117/2022, CAN/118/2022, CAN/119/2022, CAN/120/2022, CAN/121/2022, CAN/122/2022, CAN/123/2022, CAN/124/2022, CAN/125/2022, CAN/126/2022, CAN/127/2022, CAN/128/2022, CAN/129/2022, CAN/130/2022, CAN/131/2022, CAN/132/2022, CAN/133/2022, CAN/134/2022, CAN/135/2022, CAN/136/2022, CAN/137/2022, CAN/138/2022, CAN/139/2022, CAN/140/2022, CAN/141/2022, CAN/142/2022, CAN/143/2022, CAN/144/2022, CAN/145/2022, CAN/146/2022, CAN/147/2022, CAN/148/2022, CAN/149/2022, CAN/150/2022, CAN/151/2022, CAN/152/2022, CAN/153/2022, CAN/154/2022, CAN/155/2022, CAN/156/2022, CAN/157/2022, CAN/158/2022, CAN/159/2022, CAN/160/2022, CAN/161/2022, CAN/162/2022, CAN/163/2022, CAN/164/2022, CAN/165/2022, CAN/166/2022, CAN/167/2022, CAN/168/2022, CAN/169/2022, CAN/170/2022, CAN/171/2022, CAN/172/2022, CAN/173/2022, CAN/174/2022, CAN/175/2022, CAN/176/2022, CAN/177/2022, CAN/178/2022, CAN/179/2022, CAN/180/2022, CAN/181/2022, CAN/182/2022, CAN/183/2022, CAN/184/2022, CAN/185/2022, CAN/186/2022, CAN/187/2022, CAN/188/2022, CAN/189/2022, CAN/190/2022, CAN/191/2022, CAN/192/2022, CAN/193/2022, CAN/194/2022, CAN/195/2022, CAN/196/2023, CAN/197/2023, CAN/198/2023, CAN/199/2023, CAN/200/2023, CAN/201/2023, CAN/202/2023 IA NO:
CAN/39/2019(Old No:CAN/10172/2019), CAN/54/2019(Old No:CAN/10552/2019), CAN/55/2019(Old No:CAN/10564/2019), CAN/68/2019(Old No:CAN/10734/2019), CAN/73/2019(Old No:CAN/10866/2019), CAN/74/2019(Old No:CAN/11884/2019), CAN/75/2020(Old No:CAN/2535/2020), CAN/76/2020(Old No:CAN/2536/2020), CAN/77/2020(Old No:CAN/2537/2020), CAN/78/2020(Old No:CAN/2881/2020), CAN/79/2020, CAN/80/2020, CAN/81/2020, CAN/82/2021, CAN/83/2021, CAN/84/2021, CAN/85/2021, CAN/86/2021, CAN/87/2021, CAN/88/2022, CAN/89/2022, CAN/90/2022, CAN/91/2022, CAN/92/2022, CAN/93/2022, CAN/94/2022, CAN/95/2022, CAN/96/2022, CAN/97/2022,
CAN/98/2022, CAN/99/2022, CAN/100/2022, CAN/101/2022, CAN/102/2022, CAN/103/2022, CAN/104/2022, CAN/105/2022, CAN/106/2022, CAN/107/2022, CAN/108/2022, CAN/109/2022, CAN/110/2022, CAN/111/2022, CAN/112/2022, CAN/113/2022, CAN/114/2022, CAN/115/2022, CAN/116/2022, CAN/117/2022, CAN/118/2022, CAN/119/2022, CAN/120/2022, CAN/121/2022, CAN/122/2022, CAN/123/2022, CAN/124/2022, CAN/125/2022, CAN/126/2022, CAN/127/2022, CAN/128/2022, CAN/129/2022, CAN/130/2022, CAN/131/2022, CAN/132/2022, CAN/133/2022, CAN/134/2022, CAN/135/2022, CAN/136/2022, CAN/137/2022, CAN/138/2022, CAN/139/2022, CAN/140/2022, CAN/141/2022, CAN/142/2022, CAN/143/2022, CAN/144/2022, CAN/145/2022, CAN/146/2022, CAN/147/2022, CAN/148/2022, CAN/149/2022, CAN/150/2022, CAN/151/2022, CAN/152/2022, CAN/153/2022, CAN/154/2022, CAN/155/2022, CAN/156/2022, CAN/157/2022, CAN/158/2022, CAN/159/2022, CAN/160/2022, CAN/161/2022, CAN/162/2022, CAN/163/2022, CAN/164/2022, CAN/165/2022, CAN/166/2022, CAN/167/2022, CAN/168/2022, CAN/169/2022, CAN/170/2022, CAN/171/2022, CAN/172/2022, CAN/173/2022, CAN/174/2022, CAN/175/2022, CAN/176/2022, CAN/177/2022, CAN/178/2022, CAN/179/2022, CAN/180/2022, CAN/181/2022, CAN/182/2022, CAN/183/2022, CAN/184/2022, CAN/185/2022, CAN/186/2022, CAN/187/2022, CAN/188/2022, CAN/189/2022, CAN/190/2022, CAN/191/2022, CAN/192/2022, CAN/193/2022, CAN/194/2022, CAN/195/2022, CAN/196/2023, CAN/197/2023, CAN/198/2023, CAN/199/2023, CAN/200/2023, CAN/201/2023, CAN/202/2023 with WPA/7988/2021 with WPA/8028/2022 with WPA/816/2021 with WPA/824/2021 with WPA/8290/2019 with WPA/8613/2019 with WPA/8614/2019 with WPA/8889/2021 with WPA/9188/2021 with WPA/9947/2019 stand accordingly allowed.
Parties shall be entitled to act on the basis of the server copy of the judgment and order placed on the official website of the Court.
Urgent Xerox certified photo copies of this judgment, if applied for, be given to the parties upon compliance of the requisite formalities. I Agree.
(Subrata Talukdar, J.) (Supratim Bhattacharya, J.)