Allowed

Gargi Das v. the State of West Bengal and Ors.

Calcutta HC7 Jan 2021WPA/392/2021

Case brief

AI extract

What is this about?

Senior Civil Judge allowed a writ petition directing the West Bengal Board of Primary Education to permit the petitioner to submit an offline recruitment application for the post of Primary Teacher by a specified extended deadline, despite an earlier correct deadline.

What did the court decide?

Directed the Board to allow the petitioner to submit an offline application by 8th January, 2021, considering she approached the court within the original deadline.

Gargi Das Vs the State of West Bengal and Ors. — Service and Employment | Calcutta HC (2021)

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181 07.01.2021. jks Ct. 15

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WPA 392 of 2021 (Via Video Conference) Gargi Das . Vs The State of West Bengal & Ors. Ms. Ankita Dey, … For the Petitioner. Mr. L.K. Gupta, Mr. Subir Sanyal, Mr. Ratul Biswas, …For the W.B.B.P.E.

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Learned Counsel appearing for the petitioner submits that the notification dated 23^rd December, 2020 for recruitment process of Primary Teacher issued by the West Bengal Board of Primary Education is not sustainable in the eye of law as the petitioner should be awarded marks for attempting wrong questions/ options in the key answers of JGB question booklet series. Learned Counsel further submits that as an interim measure the notification dated 23^rd December, 2020 should be stayed.

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Learned Counsel appearing for the West Bengal Board of Primary Education submits that the Board may allow the petitioner to submit application offline pursuant to the notification dated 23^rd December, 2020 and such applications may be duly considered during the recruitment process, provided

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the petitioner submits the application within the time fixed in the said notification and Board shall be entitled to consider the eligibility of the petitioner as per the Recruitment Rules, 2016.

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Heard both the parties.

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In view of the above, I request the Secretary, West Bengal Board of Primary Education to allow the petitioner to submit application offline pursuant to the notification dated 23^rd December, 2020 and such applications may be duly considered during the recruitment process, provided the petitioner submit her application by 8^th January, 2021 though the notification specifies that the application should be submitted by 6^th January, 2021 and this order will be confined only to the petitioner considering the fact that the petitioner has approached the Court within 6^th January, 2021. It is obvious that the West Bengal Board of Primary Education is entitled to consider the eligibility of the petitioners as per Recruitment Rules,2016.

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The writ petition is disposed of, however, no order as to costs.

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Since no affidavit is called for, the allegations made in the writ petition are deemed to have been denied.

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Urgent certified website copy of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.

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(Rajarshi Bharadwaj, J.)

Gargi Das v. the State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

Gargi Das v. the State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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