FMA/313/2026 of SHAILENDRA KR VISHWAKARMA Vs THE STATE OF WEST BENGAL AND ORS on 6 October 2026

1. Heard the learned advocate for the writ petitioner/appellant.

2. The petitioner applied for appointment as an Assistant Teacher for teaching Class 11 and 12. He performed very well in the selection process and claimed that he was the first empanelled candidate. He, however, has not been offered the appointment. The matter was raised by way of the present writ proceeding which was considered by the Learned Single Judge Bench which found the petitioner not to be possessing a post graduate degree in the subject for which he had applied (Commerce).

3. The learned advocate for the appellant submits that the advertisement did not specify any such requirement as it merely said post graduate with at least 50 per cent marks. The writ petitioner had a post graduate with more than 50 per cent marks in Management Administration. He, therefore, submits that his exclusion in the selection process is unsustainable.

4. We have considered the submissions and notification dated 30.05.2025 notifying the recruitment process.

2 Clause 2 of the same stipulates in unambiguous terms as follows: “2. Eligible candidates with the Minimum qualification laid down in the Rules, 2025 may apply online only (and by no other mode) through the official website of the West Bengal School Service Commission (i.e., www.westbengalssc.com).

The applicants must fill in all details mandatorily required in the form and make necessary payment of fees as applicable.”

5. Reference to the 2025 Rules reveals that the post graduate level examination was required “in the relevant or concerned subject”. Since the appellant applied for appointment as an Assistant Teacher in Commerce subject with Hindi medium, the Rule required him to have a post graduate degree from a recognized college/university with minimum 50 per cent marks in the concerned subject (Commerce). It is his case that he acquired masters in Management Administration, not Commerce. The appellant, therefore, did not possess the eligible requisite qualification.

6. We, therefore, find no infirmity in the decision of the Learned Single Judge Bench dismissing the writ petition.

7. The appeal is devoid of merit. The same is dismissed.

8. Connected pending applications are also dismissed.

9. Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance of all necessary formalities.

(Madhuresh Prasad, J.)

(Anuj Singh, J.)