WPA/11963/2020 of SUPRITA SAHA Vs STATE OF WEST BENGAL AND ORS. on 31 December 2020

Court No. 6

31.12.2020

(Item No. 5)Vacation Bench

(SB)

W.P.A. 11963 of 2020

In Re : Suprita Saha

(Through Video Conference)

Mr. Kaushik Dey

Mr. Soumyajit Mishra

… for the petitioner

Mr. Subir SanyalMr.Ratul Biswas

…. for respondent nos. 2, 3 & 4

Mr. Supriyo ChatterjeeMr. Suman Dey

…. for the State

This is an application praying for issuanceof a ten digit application number for verification /scrutiny of the testimonials for ascertainment oftraining qualifications in favour of the petitionerby the concerned respondent authorities.

Affidavit-of-service filed on behalf of thepetitioner is taken on record.

Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner is agraduate and is a TET qualified. She is anaspirant for the post of assistant teacher in termsof the notification dated 23.12.2020 issued by theWest Bengal Board of Primary Education. As per the said notification the petitioner tried to fill upthe form. However, she found that a verificationcode was to be put in, which was not available toher. The last date for submission of theapplication form online is 06.01.2021. On inquiryshe learnt that earlier another notification wasissued on 23.11.2020 whereby a verification codewas to be obtained for which the last date was01.12.2020. Since she is a TET qualified andotherwise eligible for the post, the petitioner maybe granted an opportunity to fill up the form of-line or given the necessary code.

Learned counsel appearing for therespondent nos. 2,3 and 4 submits as follows. Aswould be evident from paragraph 12 of the writapplication, the petitioner missed the earliernotification while the other applicants did not. Anumber of candidates have applied for the postonline following the procedure laid down by thetwo notifications. The petitioner did not even optfor accessing the help line, which is provided inthe subsequent notification. However, as a one offcase, the office of the Board may consider thepetitioner’s application for filling up the form of-line.

I have heard the submissions of thelearned advocates of the appearing parties andhave perused the writ application.

It appears that the earlier notificationclearly provided for applying for a verificationcode. While the other candidates have obtainedthe same, the petitioner did not do that. Theentire procedure cannot ordinarily be altered forthe benefit of a single individual who has nottaken due care in applying for a post.

However, since the petitioner is otherwisequalified for the post and TET qualified as welland considering the submissions made on behalfof the respondent nos. 2, 3 and 4, the petitionershall be at liberty to approach the Office of theconcerned Board praying for permission to fill upof the necessary form off-line and the same has tobe done by 04.01.2021. If such application ismade within the stipulated time, the concernedauthority shall consider it in accordance with law.With these observations, the writapplication is disposed of.

The concerned authorities shall act on acopy of the order downloaded from the officialwebsite of the Court.

(JAY SENGUPTA, J.)