Disposed¶16

The West Bengal Central School Service Commission and Ors. v. Rinku Sen and Ors.

Calcutta HC7 Jan 2026MAT/2323/2025

Case brief

AI extract

What is this about?

West Bengal Central School Service Commission; WBSSC; teacher recruitment; 1st State Level Selection Test 2016; wait-listed candidate; missed interview; sickness; misplaced sympathy; age bar 42 years; Economics (PG); interview-cum-lecture demonstration; non-precedential direction; individual/compassionate relief; MAT 2323 of 2025; appeal disposed of.

What did the court decide?

Direction to the Commission to allow the writ petitioner to appear in the interview-cum-lecture demonstration (Economics PG) on 8 January 2026 at 10.30 a.m.; appeal and connected application disposed of; no order as to costs. ¶16

The West Bengal Central School Service Commission and Ors. Vs Rinku Sen and Ors. — Calcutta HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

¶16

Issue for consideration

Whether, in the facts and circumstances of the case, the West Bengal Central School Service Commission can be directed to allow the writ petitioner/respondent no. 1 to appear in the interview-cum-lecture demonstration pertaining to the subject of Economics (PG) scheduled to be held on 8 January 2026.

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Court's answer

This Court directs the Commission to allow the writ petitioner to appear in the interview as scheduled on 8 January 2026 at 10.30 a.m. at DK-7/2, Salt Lake, Sector-II, Kolkata-700 091 (Beside Anandalok Hospital), 2nd Office of WB Central School Service Commission.

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Ratio / Principle

Although the Court acknowledged that the argument that the petitioner missed the earlier interview of 19 December 2025 due to her own fault carries weight, relief was granted considering that she had already attained the age of 42 years and would be age-barred for participation in any other future selection process for appointment as a teacher.

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Key takeaways

The direction has been issued in the peculiar facts and circumstances of the case and would not be treated as a precedent.ratio¶15

Detailed headnote1 paragraphs

MAT 2323 of 2025 (with CAN 1 of 2025), decided 07.01.2026 by Partha Sarathi Chatterjee and Tapabrata Chakraborty, JJ.: Appeal by the West Bengal Central School Service Commission & Ors. against Rinku Sen & Ors., disposed of. The writ petitioner, a wait-listed candidate in the 1st State Level Selection Test, 2016, missed the interview-cum-lecture demonstration for Economics (PG) fixed on 19.12.2025 owing to sickness from 18.12.2025, a fact she admitted in her representation dated 22.12.2025. Although the Court accepted that the miss was due to her own fault and that further opportunity might amount to misplaced sympathy, it directed the Commission to allow her to appear in the interview scheduled on 08.01.2026 at 10.30 a.m. at DK-7/2, Salt Lake, Sector-II, Kolkata-700 091, considering that at 42 years of age she would be age-barred from any future teacher-selection process. The direction is expressly stated not to be treated as a precedent. No order as to costs.

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4 07.01.2026 Ct. No. 11 KCP

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MAT 2323 of 2025 with IA No. CAN 1 of 2025

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(The West Bengal Central School Service Commission & Ors.

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Vs. Rinku Sen & Ors.)

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Mr. Kalyan Kumar Bandopadhyay, Sr. Adv. (V/C) Mr. Biswaroop Bhattacharya Ms. Praniti Bandopadhyay Mr. Arka Kumar Nag

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Mr. Rahul Kumar Singh (V/C) …. For the appellants Mr. Sirsanya Bandopadhyay, Sr. Stng. Consl. Mr. Vivekananda Bose Mr. Sandip Das Gupta Ms. Maima Cholera Mr. Niket Ojha ….. For the State Mr. Firdous Samim Ms. Gopa Biswas Mr. Hasanuz Zaman Mr. Ayush Majumdar Mr. Rajosik Dutta Mr. Hasibur Rahaman Jamadar ….. For the respondent/writ petitioner no. 1

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The issue which arises for consideration in the present appeal is as to whether in the facts and circumstances of the case, the West Bengal Central School Service Commission (hereinafter referred to as the said Commission) can be directed to allow the writ petitioner/respondent no. 1 herein to appear in the interview-cum-lecture demonstration (hereinafter referred to as the said interview) pertaining to the subject of Economics (PG) scheduled to be held on 8^th January, 2026.

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Mr. Bandopadhyay, learned senior advocate appearing for the Commission submits that the writ petitioner could not appear in the interview earlier fixed on 19^th December, 2025 due to her own fault and such fact has also been admitted by her in the representation dated 22^nd December, 2025. In view thereof, grant of any further opportunity to the writ petitioner upon rescheduling a date for such interview would stand out to be an instance of misplaced sympathy.

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Mr. Samim, learned advocate appearing for the writ petitioner, however, submits that the writ petitioner was a wait-listed candidate in the 1^st State Level Selection Test, 2016 and that a sympathetic view needs to be taken in the present matter since it is a fact that she was sick on and from 18^th December, 2025 and accordingly, she could not appear in the interview scheduled on 19^th December, 2025.

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Indisputably, the argument, as advanced by Mr. Bandopadhyay, carries weight. However, considering the fact that the writ petitioner had already attained the age of 42 years and that she would be age barred for participation in any other selection process for appointment to the post of a teacher, in the future, this Court directed Mr. Bandopadhyay to take instruction as to whether an opportunity can be granted to her to appear in the interview scheduled on 8^th January, 2026.

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In answer thereto, Mr. Bandopadhyay submits, upon instruction, that the writ petitioner may be granted such opportunity only if such direction is not treated as a precedent.

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In view thereof and considering the peculiar facts and circumstances of the case, this Court directs the Commission to allow the writ petitioner to appear in the interview as scheduled on 8^th January, 2026 at 10.30 a.m. at DK-7/2, Salt Lake, Sector-II, Kolkata-700 091 (Beside Anandalok Hospital), 2^nd Office of WB Central School Service Commission.

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It is made clear that the above direction has been issued in the peculiar facts and circumstances of the case and the same would not be treated as a precedent.

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With the above observations and directions the appeal and the connected application are disposed of.

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There shall, however, be no order as to costs.

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All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

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(Partha Sarathi Chatterjee, J.) (Tapabrata Chakraborty, J.)

The West Bengal Central School Service Commission and Ors. v. Rinku Sen and Ors.

Case brief

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The West Bengal Central School Service Commission and Ors. v. Rinku Sen and Ors.

Case brief

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What the court decided

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