07.07.2026 Sl. No.570 Ct. No.14 gd IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA/4407/2021 CHAMELI GHOSH VS STATE OF WEST BENGAL AND ORS. Mr. Sandip Kumar De (VC) Mr. Abhik Chitta Kundu …for the petitioner. Mr. Lokenath Chatterjee Ms. Sneha Chatterjee …for the State. 1. By the present writ petition, the petitioner seeks direction upon the respondent, District Primary School Council, North 24-Parganas to issue letter of appointment in favour of the petitioner in respect of recruitment process of 2009. 2. The petitioner contends that she participated in the recruitment process of 2009 in terms of notification dated 21st June, 2012. The petitioner was successful in the written examination and call letter for aptitude test and interview was issued to the petitioner on 31st October, 2014. The petitioner appeared in the interview before the Council. However, panel was not published. The petitioner seeks for issuance of letter of appointment in her favour in respect of recruitment process of 2009. 3. Mr. Sandip Kumar De, learned advocate appearing on behalf of the petitioner through virtual mode submits that this Court in Kakali Mondal & Ors. versus The State of West Bengal & Ors. (In Re: WPA 20966 of 2022) passed orders directing for issuance of appointment letters to the candidates who were called for interview in the recruitment process of 2009 and have filed writ petitions until 24th April, 2024. The petitioner qualifies the twin conditions. He seeks for similar benefit upon issuance of appointment letter in favour of the petitioner. 4. Mr. Lokenath Chatterjee, learned advocate appearing on behalf of the State respondents on the contrary submits that subsequent to passing of order in Kakali Mondal & Ors. (supra) the Hon’ble Coordinate Bench has also passed order in Joyanti Saren versus The State of West Bengal & Ors. (Re: WPA 8094 of 2022) restricting that no writ petitions in recruitment process of 2009 shall be entertained beyond 31st July, 2024 even if the writ petitions are filed within the cut- off dates. Therefore, the writ petition though has been filed in the year 2021 but the same cannot be entertained this day since it falls beyond 31st July, 2024. Despite liberty been granted to the candidates to pray for their impleadment in earlier writ petition, the petitioner has not chosen to exercise such option. He seeks for dismissal of the writ petition. 5. By order dated 25th April, 2024, upon observing irregularities and improprieties in the recruitment process of 2009, the Co-ordinate Bench in WPA 20966 2 of 2024 (Kakali Mandal & Ors versus The State of West Bengal & Ors) alongwith batch of other writ petitions, issued the following direction: “13. In the above circumstances, following the order dated 9th April, 2024 passed in WPA 3268 of 2015 (Sourav Naskar and Ors. Vs. State), for the reasons stated therein, in respect of the DPSC, Howrah, this Court by consent of all parties, is inclined to direct the all candidates who were called for interview in the aforesaid recruitment process of the year 2009 and have filed writ petitions until 24th April, 2024, shall be entitled to appointments against existing or future vacancies.” 6. It is not in dispute several candidates, who satisfied the twin conditions, approached the Court and they were extended the benefit of order dated 25th April 2024. The petitioner is similarly circumstanced as of the candidates who have already been extended the benefit in terms of order of the Co-ordinate Bench of this Court. Indisputably, the petitioner was called for interview and the instant writ petition was filed on 9th February, 2021. Thus, petitioner fulfils the twin conditions of order dated 25th April, 2024 as above. 7. Accordingly, petitioner is entitled to the benefit of order dated 25th April, 2024 passed in WPA 20966 of 2024 (Kakali Mandal & Ors versus The State of West Bengal & Ors) alongwith batch of other writ petitions. The petitioner shall be entitled to appointment in the same terms and conditions as mentioned in the aforesaid order. 8. The entitlement of the petitioner to appointment is subject to fulfillment of all other criteria and subject to 3 scrutiny of her documents by the DPSC, North 24- Parganas. 9. In paragraph no. 5 of the decision in Joyanti Saren (supra), it has been observed by the Co-ordinate Bench of this Court that no writ petition shall be entertained beyond 31st July, 2024 even if the writ petitions are filed within the cut-off dates mentioned in the order. Be that as it may, it is relevant to note that the petitioner in the said writ petition was made entitled to appointment since she satisfied the twin conditions in the earlier order of the Co-ordinate Bench of this Court on 25th April, 2024 in Kakali Mandal (supra). The petitioner herein also satisfies the twin conditions of the said order. With utmost humility, this Court is of the opinion that there cannot be any plausible ground for denying the similar benefit to the petitioner herein. 10. It is strenuously argued on behalf of the State that as the petitioner did not take steps for her impleadment as a party in Kakali Mondal (supra), hence her prayer should not be entertained. Be that as it may, it cannot be disputed that the petitioner has filed the writ petition much prior to passing of the order in Kakali Mondal (supra) on 25th April, 2024. Thus, non-filing of application for addition of party cannot obliterate the right of the petitioner accrued in terms of order of the Co-ordinate Bench of this Court. 11. Learned advocate for the petitioner is directed to communicate this order to Respondent no.6, the 4 District Primary School Council, North 24-Parganas, for necessary compliance. 12. With the aforesaid directions, the writ petition being WPA 4407 of 2021 stands disposed of. 13. Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted. 14. Interim order, if any, stands vacated. 15. All connected applications, if any, stand disposed of. 16. There shall be no order as to costs. 17. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court. 18. 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.) 5