15-07-2026 ct no. 13 Sl. 37 pk/sp M.A.T. 1388 of 2021 With CAN 1 of 2021 Pradip Middya -Versus- The State of West Bengal & Ors. Mr. Shuvro P. Lahiri, Mr. Rajesh Naskar, Mr. Ankan Mondal. ..for the appellant. Dr. Sutanu Kumar Patra, Ms. Supriya Dubey …for the W.B.C.S.S.C. 1. The appeal is directed against judgment and order dated 8th December, 2021 passed by a Single Bench of this Court. 2. The writ petitioner/appellant challenged the first SLST of 2017 for the recruitment to the post of Headmaster/Headmistress in a recognized non-government aided school. The petitioner participated in the recruitment process and was ranked at 1599. His waitlisted rank was 1603. The petitioner was not selected for appointment. 3. Before the Single Bench and before this Court Mr. Lahiri, learned counsel for the writ petitioner/appellant has labored to place 2 several ommissions on the part of the School Service Commission in the recruitment process and the publication of results. 4. Mr. Lahiri has argued that against several ranks, the names of the candidates are missing. He has also pointed out that some candidates including the writ petitioner/appellant have been given more than one rank. This is highly irregular. 5. Infraction of several rules of recruitment to be followed by the State and the Commission have also been indicated by Mr. Lahiri. Some details of all candidates which are required to be published in the website of the Commission have not been so done. 6. In the backdrop of the above, it is argued by Mr. Lahiri that his client has a reasonable apprehension that in the event all rules of recruitment was strictly complied with and had there been 100% transparency in the recruitment process, his client could have had a chance of succeed. 7. The Single Bench appears to have noted all the omissions as argued by Mr. Lahiri but What has chosen not to entertain the writ petition. Several observations have been made for the Commission to follow. This, 3 according to Mr. Lahiri, would demonstrate that his client was successful in showing the omissions on the part of the School Service Commission in the aforesaid recruitment process. 8. This Court notes that every infraction of rules would not automatically negate a recruitment process if there is substantial compliance of such Rules. 9. It is now well-settled that an unsuccessful candidate cannot be permitted to turn around and challenge any recruitment process. 10. This Court’s mind is not free from doubt that had the petitioner been successful there would not have been occasion to file the instant proceeding. He would have accepted the omissions on the part of the School Service Commission. 11. This Court upholds the observations made by the Single Bench on the failure and omission on the part of the School Service Commission and would direct the S.S.C. to ensure that such lapses are not repeated in future, this Court does not wish to go any further. The observations of the Single Bench in so far as the petitioner is concerned are sufficient for 4 this Court to hold that the impugned order calls for no interference. 12. Accordingly, MAT 1388 of 2021 fails and hereby dismissed. Consequently, all connected pending applications shall also stand dismissed. 13. There shall be no order as to costs. 14. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Rajasekhar Mantha, J.) (Rai Chattopadhyay, J.)