19.08.2026 Court No.13 Item Nos.22 to 24 AP/sp FMA 1556 of 2025 Madhumita Banerjee and Ors. Vs. The State of West Bengal and Ors. With MAT 43 of 2026 With CAN 1 of 2026 With CAN 2 of 2026 Snigdha Samanta and Anr Vs. The State of West Bengal and Ors. With MAT 44 of 2026 With CAN 1 of 2026 Sumitra Das and Ors. Vs. The State of West Bengal and Ors. Mr. Shuvro Prokash Lahiri Mr. Rajesh Naskar Mr. Ankan Mondal … For the Appellants. Mr. Tapas Kumar Chatterjee, AGP … For the State in FMA 1556 of 2025. Mr. Ajit Kumar Mishra, AGP Mr. Milind Mohul Ghosh … For the State in MAT 43 of 2026. Mr. Piyush Chaturvedi Mr. Tarun Kumar Das … For the State in MAT 44 of 2026. Re.: CAN 2 of 2026 In MAT 43 of 2026 1. Sufficient grounds are available to explain the delay of 138 days in filing the instant appeal. Hence, the delay is condoned. 2. Accordingly, CAN 2 of 2026 is allowed and disposed of. 2 Re.: FMA 1556 of 2025 With MAT 43 of 2026 With CAN 1 of 2026 With MAT 44 of 2026 With CAN 1 of 2026 3. The subject appeals are directed against judgement and/or orders dated 20th August, 2025 passed by a Single Bench of this Court in WPA 15957 of 2025, WPA 16045 of 2025 and WPA 16056 of 2025. 4. The writ petitioners/appellants challenged the refusal on the part of the School Service Commission (SSC) to permit them to participate in the recruitment process to the post of upper primary teachers. The SSC is of the view that the petitioners had already participated, joined and worked continuously in the post of Assistant Teachers for Secondary and Higher Secondary (Class 9, 10, 11 & 12). The said recruitment to the post of Assistant Teachers in the Secondary and Higher Secondary (S & HS) sections in Schools in the State was conducted under the First State Level Selections Test (SLST) of the year 2016. 5. Admittedly, the writ petitioners participated in both the selection processes for recruitment as Assistant Teacher (S & HC) of 2016 as well as in the independent recruitment process for recruiting Assistant Teacher (AT) Upper Primary teachers also conducted by the SSC (Primary) in 2016. They had qualified in both the processes. 3 6. The petitioners had chosen to join in the post of AT in the secondary and higher secondary section sometime in the year 2019. They continuously worked as such ATs till the year 2024 thereafter. The entire selection process conducted by the SSC for S & HS teachers in the year 2016 was struck down all the way from a Single Bench of this Court and affirmed by the Hon’ble Supreme Court in the case of State of West Bengal Vs. Baishakhi Bhattacharya (Chatterjee) & Ors. by the judgment and order dated 3rd April, 2025 passed in SLP (C) No. 9586 of 2024. 7. Having lost their jobs as AT (S & HS) and after having worked in such capacity for about 5 years after 2025 and thereafter realizing that their appointments as assistant teachers of secondary and higher secondary would not last, they have approached the Court for the first time in the year 2025. 8. The appellants have averred in the writ petition that they were called for the personality test in the selection process as upper primary teachers in the year 2021. They went to participate thereat but were prevented from doing so since they were in service teachers. Such a bar is contained in the recruitment notice. 9. It is argued by Mr. Lahiri, learned counsel for the writ petitioners/appellants that while the said stipulation may have been contained in the recruitment notice, the same is contrary to the rules for recruitment in the State 4 in general and those published by the School Service Commission in particular. 10. Reliance is placed on the decision of the Supreme Court in the case of Tej Prakash Pathak Vs. Rajasthan High Court reported in 2024 INSC 847. The dicta in paragraph 42 of the said judgement cannot be cited to confer any right on the petitioners. 11. While the writ petitioners/appellants claim that they accepted the refusal of the respondents in 2021, they, however, asserted their rights to participate in such selection process of Upper Primary Teacher, in the year 2024 on two-fold grounds. Firstly, that there are several other in service candidates who have been appointed in the upper primary section by the respondents in the year 2024. The writ petitioners came to know of the same for the first time in December, 2024. Secondly that they can still be considered in the recruitment process of upper primary teachers as it is continuing since 2024 and even as on date. 12. Mr. Lahiri places reliance on the decision of a Single Bench dated 24th September, 2024 as an unreported decision of Asrof Shaikh Vs. The State of West Bengal being WPA 20211 of 2025. 13. This Court is not even remotely satisfied with the argument and pleading in the writ petition that the writ petitioners asserted any right to participate in the selection process for upper primary teachers, in the year 5 2021. There is absolutely no protest or document indicating the same. 14. The writ petitioners appear to be more opportunistic in wanting to fall back on the less attractive but remunerative post of upper primary teachers only after having realized that their recruitment in the post of AT in the (S & HS) sections would not survive in view of the decision of the Supreme Court in the case of Baishakhi Bhattacharya (Chatterjee) & Ors. (supra). The writ petitions were filed before the Single Bench only in the year 2025. 15. The writ petitioners had consciously chosen to continue as AT in the S & HS for better prospects and convenience. They have availed such benefits for more than 5 years and are continuing to do so. The pay in the H.S. section is higher and more attractive than an Upper Primary Teacher. 16. The petitioners are, therefore, estopped by conduct to reassert a claim for participating in the upper primary recruitment which they have abandoned in the year 2021 itself. 17. The petitioners cannot claim any violation of Article 14 of the Constitution of India in respect of any in service candidate who is recruited in the upper primary section since they do not fall in such category in the first place. 18. The writ petitioners are deemed to have consciously abandoned the entitlement to recruitment in the upper 6 primary section. Such abandonment was acted upon by continuing as ATs in the S & HS section for five years or more. The claim of the petitioners is therefore barred by the principles of and akin to, waiver, acquiescence and estoppel. 19. This Court is in disagreement with the views of the Single Bench taken in the case of Asraf Shaikh Vs. The State of West Bengal & Ors. dated 24th September, 2025 passed in WPA 20211 of 2025. 20. In view of the above, this Court is of the view that the impugned judgment and order dated 20th August, 2025 calls for absolutely no interference. 21. With the aforesaid observations, all the appeals fail and hereby dismissed. 22. In view of the above, all connected pending applications shall also stand dismissed. 23. There shall be no order as to costs. 24. All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court. (Rajasekhar Mantha, J.) (Anuj Singh, J.)