29.06.2026 Sl. No.43 Ct. No.14 gd IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA/18820/2025 PARTHA DEY VS THE STATE OF WEST BENGAL AND ORS. Ms. Rama Halder …for the petitioner. Mr. Brijendra Pratap Singh Ms. Sneha Chatterjee …for the State. Mr. Subir Sanyal, ld. Sr. Adv. Mr. Ratul Biswas Mr. Kaushik Chowdhury … for WBBPE. 1. By the present writ petition, the petitioner seeks direction upon the respondent authorities particularly West Bengal Board of Primary Education to update the records of the petitioners as trained empanelled candidates of 2016 selection process in their master data. 2. The petitioner contends that he joined as an Assistant Teacher on 12th February, 2017 as untrained candidate. However, subsequent to order passed in Sarthak Ghosh & Ors. v. The State of West Bengal in WP 448 (W) of 2017 along with batch of other writ petitions the petitioner was treated as trained candidate. Be that as it may, the break-up score of panel for recruitment process of 2016 has not been corrected showing the petitioner as a trained candidate. Hence this writ petition. 3. Ms. Rama Halder, learned advocate appearing on behalf of the petitioner submits that the records of the Board needs to be corrected to the extent showing the petitioner as a trained candidate. 4. On the contrary Mr. Subir Sanyal, learned senior advocate appearing on behalf of the West Bengal Board of Primary Education submits that the petitioner joined the service as untrained candidate in respect of selection process of 2016. Subsequent to joining of the petitioner a Coordinate Bench of this court vide order dated 1st March, 2017 passed in WP 448 (w) of 2017 directed that the petitioners are entitled to benefit of appropriate proportion of 15 marks allocated for training as indicated in Table A under the Rule 8(3) of the Recruitment Rules, 2016 in so far the process of selection is concerned. Such order has been duly acted upon. The petitioner has been granted all benefits available to the trained candidates including ‘A’ category scale of pay. In similar circumstances the Hon’ble Division Bench in Bhaswati Bhattacharyya & Others v. The State of West Bengal & Others (Re: MAT 846 of 2025) disposed of the writ petition and appeal without passing any specific direction since the Board already considered the appellants as trained candidates. Further in Debdulal Acharya & Ors. v. The State of West Bengal & Others (Re: MAT 679 of 2 2025) the Hon’ble Court has considered the observations of learned Single Judge that the candidates shall be treated as trained for all practical purposes. He submits that in line with the aforesaid orders, since the petitioner has been granted the benefits, the writ petition can be disposed of by directing for treating the petitioner as a trained candidate for all practical purposes. 5. In Bhaswati Bhattacharyya (supra) the Hon’ble Division Bench observed as hereunder: “In the said conspectus and upon hearing the learned advocates appearing for the respective parties, we are of the opinion that no useful purpose will be served by keeping the writ petition and the appeal pending till disposal of the writ petitions in connection with which the memo dated 28th November, 2022 was issued inasmuch as it clearly transpires from the documents on record that the appellants have been treated as trained assistant teachers in primary schools and have been granted the appropriate scale of pay. Such status and qualification of the appellants are undisputed.” 6. In an application for modification being CAN 3 of 2025 in MAT 679 of 2025 (Debdulal Acharya & Ors. v. The State of West Bengal & Others), the Hon’ble Division Bench observed as follows: “Under such circumstance, the apprehension of the applicants that they will be treated as untrained candidates because they joined by virtue of an interim order is unacceptable. The learned Single Judge and the 3 Division Bench had categorically recorded that they shall be treated as trained candidates for all practical purposes, because their appointments were subject to the result of the writ petition and the writ petition was finally decided on March 1, 2017. Their Lordships had directed the salary to be fixed as trained candidates on and from March 1, 2017. The appointment had merged with the final decision in the writ court and Mr. Bhattacharya’s apprehension that the applicants will be treated as untrained candidates on account of the observation of the Division Bench at paragraphs 7 and 8, is misconceived. Only the salary 3 will be refixed from March 1, 2017, but they will be treated as trained candidates always.” 7. In line with the aforesaid decisions, the writ petition being WPA 18820 of 2025 is disposed of directing the West Bengal Board of Primary Education and the concerned Council to treat the petitioner as a trained candidate for all practical purposes. 6. Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted. 8. Interim order, if any, stands vacated. 9. All connected applications, if any, stand disposed of. 10. There shall be no order as to costs. 11. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court. 12. Urgent Photostat certified copy of the order, if applied for, be given to the parties on compliance of all necessary legal formalities. (Bivas Pattanayak, J.) 4