The High Court granted relief to a petitioner in a public service recruitment dispute, directing the Board of Primary Education to allow her to submit an offline application within an extended deadline.
Direction to the Board to allow the petitioner to submit an offline recruitment application by January 8th, 2021.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
136 05.01.2021 adeb Ct. 15
WPA No. 82 of 2021
Samapti Layek Vs The State of West Bengal & Ors.
Mr. Sasthi Charan Dhara … For the Petitioner.
Mr. L.K. Gupta, Mr. Subir Sanyal, Mr. Ratul Biswas, …For the W.B.B.P.E.
Learned Counsel appearing for the
petitioner submits that the notification dated 23rd 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 23rd December, 2020 should be stayed.
Mr. Gupta, 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 23rd December, 2020 and such
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applications may be duly considered during the recruitment process, provided 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.
Heard both the parties.
In view of the above, I direct the Secretary, West Bengal Board of Primary Education to allow the petitioner to submit application offline pursuant to the notification dated 23rd December, 2020 and such applications may be duly considered during the recruitment process, provided the petitioner submit her application by 8th January, 2021 though the notification specifies that the application should be submitted by 6th January, 2021 and this order will be confined only to the petitioner considering the fact that the petitioner has approached the Court within 6th January, 2021.
The writ petition is disposed of, however, no order as to costs.
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.
(Rajarshi Bharadwaj, J.)
2 issues framed by the court
Whether the petitioner should be allowed to submit an offline application despite the recruitment notification deadline having passed.
Whether the petitioner should be awarded marks for attempting wrong answers in a preceding test.
1 provisions across 1 enactments
Samapti Layek
The State of West Bengal
The West Bengal Board of Primary Education
Rajarshi Bharadwaj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
