1122 0022..0099..22002255 Ct. No. 18 adeb W.P.A. 14962 of 2025 Subarna Guha Vs. The State of West Bengal & Ors. Mr. Shuvro Prakash Lahiri Mr. Rajesh Naskar Mr. Ankan Mondal …for the petitioner Mr. Vijay Agarwal Mr. Prashant Kumar Tripathi …for the State Ms. Koyeli Bhattacharyya Mr. Bibek Dutta …for the WBBSE Mr. Sunit Kumar Roy …for the SSC 1. Matter is heard in presence of the learned advocates representing the petitioner, West Bengal Central School Service Commission, State respondents and West Bengal Board of Secondary Education. 2. Petitioner on being selected in 1st State Level Selection Test, 2016 (Upper Primary) was recommended vide memo dated 17th December, 2024 to Mohanbati Parbati Devi Balika Vidyalaya, Uttar Dinajpur (hereinafter referred to as ‘said school’). Petitioner attempted to join the recommended post but said school authority did not allow the petitioner to join since it was found there is vacancy mismatch. Subsequently, petitioner was recommended vide memo dated 23rd May, 2025 to Chakulia High School, Uttar 2 Dinajpur. However, petitioner is not willing to join the post in Chakulia High School as it is submitted that Chakulia High School situates far away from District Headquarter at Raiganj, Uttar Dinajpur and it situates at bordering area. There is another limb of submissions advanced on behalf of the petitioner that is prior to issuance of 2nd recommendation memo dated 23rd May, 2025 petitioner is required to grant an opportunity of counseling based on available vacancies in Uttar Dinajpur. 3. Learned advocate representing West Bengal Central School Service Commission has opposed the writ petition based on Rule 17(6) of the West Bengal School Service Commission (Selection for Appointment to the Posts of Teachers for Upper Primary Level of Schools) Rules, 2016. It is also submitted as per merit position in the select list petitioner was recommended in a school in Uttar Dinajpur. Therefore, by taking advantage of present situation petitioner may not be recommended to a school which is nearby to her place of residence. 4. It is also submitted on behalf of the Commission available vacancies in schools in Uttar Dinajpur where petitioner can be accommodated need to be furnished by the concerned District Inspector of Schools (SE) Uttar Dinajpur otherwise Chairman of 3 the Commission at present may not be able to disclose all the vacancies for appointment of petitioner. 5. Having considered the submissions made on behalf of the parties, District Inspector of Schools (SE) Uttar Dinajpur is directed to forward vacancy statement to the Chairman, West Bengal Central School Service Commission being respondent no. 4 by fortnight from the date of communication of this order disclosing available vacancies where petitioner can be accommodated in Uttar Dinajpur. On receipt of vacancy statement from the concerned District Inspector of Schools (SE), respondent no. 4 shall permit the petitioner to appear before him and available vacancies in Uttar Dinajpur shall be disclosed to the petitioner for issuing fresh recommendation. In the event petitioner opts a vacancy, fresh recommendation shall be issued in favour of the petitioner. 6. Aforesaid exercise shall be concluded by the respondent no. 4 by 4 (four) weeks from the date of receiving vacancy statement from the District Inspector of Schools (SE) Uttar Dinajpur. 7. Leave is granted to the learned advocate for the petitioner to amend the cause title in course of this day and add District Inspector of Schools (SE) Uttar Dinajpu as additional respondent. 4 8. However, service of notice upon additional respondent stands dispensed with since State respondents are represented by learned advocate. 9. Writ petition stands disposed of. 10. Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings. (Saugata Bhattacharyya, J.)