Calcutta High Court Issues Interim Stay On Teacher Recruitment Process For Upper Primary Schools

In December 2020 Justice MoushumiBhattacharya had set aside the 1st State Level Selection Test, 2016 for recruitment of Assistant Teachers in upper primary schools in the State of West Bengal, citing several irregularities in the recruitment process. Accordingly, the nodal agency i.e. the West Bengal Central School Commission (SCC) had been ordered to conduct a fresh selection process for all eligible candidates.

In the plea filed before Justice AbhijitGangopadhyay on Wednesday it was alleged that the SCC had again committed irregular distribution of marks amongst the candidates. The petitioner had alleged that in spite of obtaining higher marks than the respondent, he had not been included in the interview list.

"No explanation has been given as to how the private respondent can be included in the interview list but the petitioner has not been included in the said list though the petitioner has obtained higher marks than the private respondent. In such circumstances, I direct SSC not to take any further steps in the selection process they have initiated pursuant to the order passed by this Court on 11th December, 2020 in WPA 9597 of 2019 and other related matters until further orders", the Court observed.

Further, the counsel for the State had submitted that since the earlier selection process was cancelled by this Court's order dated 11.12.2020, the marks granted to the candidates in the said selection process could not be considered for the fresh selection process.

Dismissing such a submission, Justice Gangopadhyay observed,

"It appears to me that the respondents concerned are under thorough misconception about the law of recruitment for the school teachers and that is why such meaningless submissions that because of setting aside of the recruitment process the marks cannot be given against the qualifications of the candidates have been made. The respondents have failed to understand, it appears, by setting aside of the recruitment process, for example, a graduate cannot become a non-graduate, he remains a graduate."

The Court also directed the petitioner to assimilate all other writ petitions with similar grievances against the State and place them before the Court on 1^st July by way of mentioning.

Case Title: Abhijit Ghosh v. State of West Bengal and Ors