"Misplaced Sympathy": Calcutta HC Sets Aside Direction For Fresh Viva & Aptitude Test Of TET Candidate Who Failed To Attend Due To Father's Illness

The Calcutta High Court has recently set aside the order of a single bench, which directed the West Bengal Board of Primary Education (Board) to conduct a fresh viva voce and aptitude test for a TET candidate, who was not able to appear for the same due to serious ailments suffered by his father.

A division bench of Justices Tapabrata Chakraborty and Partha Sarathi Sen held:

In the said conspectus and on humanitarian ground the appellants cannot be asked to conduct viva voce and the aptitude test afresh for the respondent no.1. Such direction would open a floodgate and may also affect the right of the candidates, who had already completed the viva voce and the aptitude test. We are of the opinion that the direction upon the Board to hold a arrange for viva voce and personality test/aptitude test afresh for the respondent no.1 would stand out to be an instance of misplaced sympathy. For the reasons discussed above, the order dated 26th September, 2023 passed in the writ petition being WPA 13347 of 2023, is set aside and the writ petition is dismissed.

The bench was hearing an appeal by the Board, against an order of a single judge, who had allowed a plea by a TET candidate for re-conduct of aptitude and personality tests on the ground that he hailed from an underprivileged background and could not respond to the notifications on time due to his father's serious ailments.

Counsel for the appellant submitted that the initial notification for recruitment was published on 29th September 2022, and the process of recruitment only commenced between 20th-24th March 2023, but the respondent/petitioner had failed to respond to the same. 

It was argued that the viva and aptitude test of all TET-qualified candidates with 82+ marks had already been held and the process was concluded on 24th July 2023.

Any direction to conduct viva voce and the aptitude test for the respondent no.1 afresh would open a floodgate for litigations and on humanitarian ground the Court cannot grant relief contrary to law, it was argued.

Counsel for the petitioner/respondent argued that the selection process has not yet been completed and that the viva voce and the aptitude test being conducted by the officials of the said Board, in granting an opportunity to the respondent would not create insurmountable inconvenience.

Upon hearing the arguments, the Court noted that on 11th November 2022, candidates who had obtained more than 82 marks were declared qualified and invited to participate in the recruitment process to be held in March 2023. 

It noted that the present writ petition, however only came to be filed in June 2023, and the single-bench order came in September 2023.

Court concluded that on humanitarian grounds the appellants cannot be asked to conduct viva voce and the aptitude test afresh for respondent no.1, as such direction would open a floodgate and may also affect the rights of the candidates, who had already completed the viva voce and the aptitude test.

Accordingly, it allowed the appeal and set aside the single-judge order.

Citation: 2024 LiveLaw (Cal) 34