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Calcutta High CourtCPAN/1426/2023disposed

Shubhrendu Chakraborty v. Siddhartha Majumdar The Chairman The West Bengal Central School Service Commission

2024-03-15Hon'Ble Justice Rajasekhar Mantha2 pages

15.03.2024.

Court No.13 Item No. 7 ap CPAN 1426 of 2023 In W.P.A. No. 11532 of 2013 Shubhrendu Chakraborty

Versus

Mr. Siddhartha Mazumeder, Chairman, West Bengal Central School Service Commission Mr. Pratick Dhar, ld. Sr. Advocate, Mr. Ujjal Ray, Sk. Abdur Rahim.

...For the petitioner.

Dr. Sutanu Kumar Patra, Ms. Supriya Dubey.

...For the alleged contemnor.

1. Report of the Central School Service Commission has been considered. The exception thereto has also been considered.

2. This Court finds that the petitioner qualified in the personality test but was left out for shortage of marks.

3. Admittedly, the petitioner has five marks lower than the last qualified candidate in the State Level Selection Test, 2011, which was conducted in the year 2012.

4. The petitioner has now crossed the age of participation in future recruitment process.

5. This Court, therefore, makes an earnest request to the Chairman, West Bengal Central School Service Commission to consider the case of the petitioner sympathetically and without creating any precedent whatsoever and to appoint the petitioner in any Zone

in the State of West Bengal. There are Zones and Schools in the State where the teachers normally do not wish to go out and opt out of.

6. The petitioner's case shall be considered for being accommodated one of such Schools and Zones.

7. It is made absolutely clear that this order is made in the special facts and circumstances of the case and shall not be treated as precedent.

8. With the aforesaid request, the contempt application shall stand disposed of.

9. Rule, if any, shall stand discharged.

10.

There will be no order as to costs.

11. All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)