Tabassum Jahan And ORS. v. State Of West Bengal And ORS.

20/04 WPA 28742 of 2025 Tabassum Jahan & Ors.

sdas VS.

The State of West Bengal & Ors.

Mr. Shaharayar Alam Mr. Saiful Alam ......for the Petitioners Mr. Vivekananda Bose Mr. Akash Dutta ......for the State Mr. Kalyan Bandopadhyay, Sr. Advocate Mr. Biswaroop Bhattacharya Ms. Pramiti Bandopadhyay Mr. Arka Kumar Nag Mr. Rahul Kumar Singh ......for the WBCSCC

1. Let affidavit of service, as filed by the petitioners, be kept with the record.

2. The petitioners had never approached the Expert Committee challenging any of these questions, which they have challenged in this writ petition. However, other candidates, similarly situated as the petitioners, had challenged this very question which the Expert Committee, appointed for the subject of the petitioners, had duly considered and upon consideration published the final answer key sometime in Novermber, 2025.

3. There is no provision in the Rules by notification no. 764-SE/S/10M-03/2025 dated 29.05.2025 for reevaluation of the publication of the final answer keys. The decision of the Expert Committee is final and binding. The result was published sometime in November 2025.

4. There is no reason to cause a fresh re-evaluation at this belated stage, since the petitioners have already

P a g e | 2 got their opportunity and such objections have been considered by the Expert Committee.

5. The Rules in the notification are absolutely clear in as much as rules 11 (vi) & (iv) are clear as to the manner and method of preparation of panel upon consideration of selection of candidates of the State Level Selection Committee (SLST).

6. The decision of the Hon'ble Supreme Court of India reported in 2021 (2) SCC 309, that re-evaluation should not be undertaken by a Court, unless specifically permitted by the Rules.

7. In the present case, the Rules do not specify a second challenge to the views of the Expert Committee. The preliminary answer key may be challenged by way of objection, which the petitioners have done, and there is no reason to believe that such objection was not considered by the Expert Committee in its meeting held on 14.10.2025.

8. It has also been made clear by a Hon'ble Division Bench of this Court in MAT/30/2026 (Swaoni Bhattacharjee Vs. The State of West Bengal & Ors.) that the "power to interfere is not when the order impugned is not right, but when it is clearly wrong".

9. The petitioners cannot seek a right beyond the Rules guiding them. The petitioners were aware of the Rules when they participated in the examinations and are bound by the decision of the Expert Committee as stipulated in the Rules. The petitioners, not having challenged the answers to the questions, cannot, at this belated stage, be permitted to rejuvenate their rights, if any, which has lapsed long back.

10. The said Rules are not under challenge and a decision taken in consonance with such Rules cannot

P a g e | 3 be altered on the ground that a second round of objection ought to be entertained by the Expert Committee. Any interference at this stage causing a re-evaluation of the petitioners will disrupt the entire process undertaken pursuant to the SLST and will cause irreparable harm and prejudice to lakhs of other candidates who have been successful and are awaiting appointment or consideration in the counseling rounds.

11. In view of the afore-stated, WPA 28742 of 2025 is dismissed.

12. There shall, however, be no order as to costs. (Reetobroto Kumar Mitra, J.)