Disposed

Sibaram Sinha and Others v. State of West Bengal and Ors.

Calcutta HC23 Aug 2024WPA/8510/2021

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What is this about?

Successful candidates in the 2020 State Level Teachers Selection Test for Upper Primary teacher posts, empanelled after testimonial verification but not appointed, sought redress. The court held they should have been considered for appointment and directed the Board to decide their representation by a reasoned order within six weeks after hearing each petitioner.

What did the court decide?

Direction to West Bengal Board of Secondary Education to consider petitioners' representation with opportunity of hearing and pass reasoned order within six weeks.

Sibaram Sinha and Others Vs State of West Bengal… — Education and Admissions | Calcutta HC (2024)

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WPA 8510 of 2021 23.8.2024 Sibaram Sinha & Ors.-vs-State of West Bengal & Ors.

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ct.25, sl 55

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sk Mr. Ashis Kr. Chowdhury Mr. Rajib Ghosh Mr. B.B.Bera …for the petitioners.

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Mr. Chowdhury, learned advocate appears for the writ petitioners.

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No one is representing the respondents in spite of service of the writ petition.

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It appears that the petitioners participated in the 1^st State Level Teachers Selection Test 2020, for recruitment as the Teacher (Upper Primary Level) in School. They have participated in the written test and found place in the merit list as successful candidates. A panel was prepared and published, incorporating names of all the writ petitioners, along with the others, for appointment.

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Thus, the petitioners were called and took part in the process of verification of testimonials, on February 21, 2021. Upon verification of testimonials, names of the successful candidates have been finally empanelled.

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The petitioners are aggrieved that since thereafter there has not been any response from the end of the respondents, regarding their

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appointment as successful and empanelled candidates.

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The writ petitioners have further submitted that having been successful in the selection and empanelled in the merit list, they would be entitled to be appointed in the posts.

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Thus, they have filed this writ petition to seek redress of their grievance as above. Before filing of the writ petition, the petitioners have submitted a representation expressing their grievance and seeking redress thereof before the West Bengal Board of Secondary Education vide their written representation, received in the office of the said respondent on March 1, 2021.

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Petitioners’ further grievance is that, their representation as above has also not been considered by the concerned respondent.

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Considering the facts and circumstances of the case, the Court is of the opinion that the writ petitioners, being the successful candidates, in the process of selection, as mentioned above, should have been considered for appointment in the post, immediately thereafter.

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Evidently, they have not yet been given appointment, after completion of the selection

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process and having emerged as successful candidates therein.

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In such view of the fact, let the West Bengal Board of Secondary Education be directed to consider the petitioners’ representation as above, after affording opportunity of hearing to each of them.

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The said respondent shall thus consider and dispose of the prayer of the petitioners in the said representation, by dint of a reasoned order and positively within a period of six weeks from the date of communication of this order.

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Urgent Photostat certified copy of this order, if applied for, be given to the petitioner upon compliance of all formalities.

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(Rai Chattopadhyay, J.)

Sibaram Sinha and Others v. State of West Bengal and Ors.

Case brief

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Sibaram Sinha and Others v. State of West Bengal and Ors.

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