Disposed

Kuheli Ghosh and Ors. v. State of West Bengal and Ors.

Calcutta HC7 Jan 2021WPA/588/2021

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What is this about?

A single judge passively disposed of a writ petition challenging a recruitment notification. The court directed the West Bengal Board of Primary Education to allow petitioners to submit offline applications by a specific date, affirming the Board's entitlement to consider eligibility under existing recruitment rules.

What did the court decide?

Secretary, West Bengal Board of Primary Education directed to allow petitioners to submit offline applications by 8th January, 2021.

Kuheli Ghosh and Ors. Vs State of West Bengal and Ors. — Service and Employment | Calcutta HC (2021)

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82 07.01.2021. jks Ct. 15

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WPA 588 of 2021 (Via Video Conference)

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Kuheli Ghosh & Ors.

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Vs The State of West Bengal & Ors.

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Mr. Kapil Chandra Sahoo, … For the Petitioners.

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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

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petitioners 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 petitioners 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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Mr. Gupta, learned Counsel appearing for the West Bengal Board of Primary Education submits that the Board may allow the petitioners to submit applications offline pursuant to the notification dated 23^rd December, 2020 and such

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applications may be duly considered during the recruitment process, provided they submit the applications within the time fixed in the said notification. Board shall be entitled to consider the eligibility of the petitioners as per the Recruitment Rules, 2016.

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Heard both the parties.

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

Kuheli Ghosh and Ors. v. State of West Bengal and Ors.

Case brief

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Kuheli Ghosh and Ors. v. State of West Bengal and Ors.

Case brief

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