Subhasish Halder v. State Of West Bengal And ORS.

12th Dec., 2025 In the High Court at Calcutta Item no.D/L 16 Court No. 18 Pradip, A.R.(Ct.) Constitutional Writ Jurisdiction Appellate Side Case No.

WPA 28301 of 2025 In the matter of :

Subhasish Halder .... Petitioner VS.

The State of West Bengal & Ors.

....Respondents For the Petitioner:

Mr. Sakti Pada Jana ....Advocates For the WBCSSC:

Mr. Kalyan Kr. Bandopadhyay Mr. Biswaroop Bhattacharjee Mr. Arka Kr. Nag Mr. Rahul Kr. Singh ....Advocates For the State:

Mr. Sirsanya Bandopadhyay Mr. Vivekananda Bose Mr. Sandip Das Gupta Mr. Subhra Nag Ms. Mahima Cholera Mr. Niket Ojha ....Advocates

1. Affidavit of service filed in Court today is taken on record.

2. The petitioner claims to be a hundred percent blind candidate. He applied for recruitment in the 2nd SLST-2025 for Classes- 'XI' & 'XII' claiming reservation under the physically handicapped category by paying the application fee meant for reserved category candidates. The petitioner was permitted to appear in the written examination under the physically handicapped category with the help of a scribe. Despite the same the Commission treated the

candidature of the petitioner under the general category. The petitioner is aggrieved by the same.

3. Reliance has been placed on the judgment delivered by this Bench on 27th November, 2025 in WPA 26937 of 2025 in the matter of Somnath Pramanik & Ors. Vs. The State of West Bengal & Ors.

4. The petitioner submits that the same relief be allowed in his favour by treating the petitioner as a physically handicapped candidate.

5. The aforesaid submission of the petitioner is opposed by the Commission. It has been submitted that the petitioner failed to respond to the several addendum notices published by the Commission from time to time.

6. Whether the petitioner can be treated as a General category candidate despite applying under the reserved category and paying fees meant for the reserved category, has been decided by the Court in the matter of Somnath Pramanik (supra).

7. The Court was of the opinion that the Commission cannot suo motu treat a reserved category candidate as General category, despite the candidate's disclosures of being a member of a particular reserved category. The Court disposed of the writ petition by directing the Commission to treat the candidates in the respective categories that they disclosed in their application form subject to verification of their reservation certificates.

8. The Commission has brought to the notice of the Court that an appeal has been carried from the judgment delivered in the case of Somnath Pramanik & Ors. (supra), and the appeal is under active consideration of the Hon'ble Division Bench.

9. As the process of credential verification is on, accordingly, the Court is inclined to dispose of the instant writ petition by directing the Commission to treat the petitioner in the reserved category subject to verification of the reservation certificate relied upon by him.

10. This order will, however, be subject to any order passed by the Hon'ble Division Bench in MAT No.2115 of 2025 (The West Bengal Central School Service Commission -vs- Somnath Pramanik & Ors.).

11. The writ petition stands disposed of.

12. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities. (Amrita Sinha, J.)