07.09.2026 rc/ct.no.14 Item No.M/L-1110 IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA No. 18515 of 2025 Sudha Das & Ors. Versus The State of West Bengal & Ors. Rabi Lal Maitra, Sr.Adv. Rajit Lal Maitra ..for the petitioners Brijendra Pratap Singh Sneha Chatterjee …for the State Madhu Jana Provbodh Chakraborty …for the DPSC 1. Report filed by the Chairman, District Primary School Council (in short ‘DPSC’), Howrah dated August 10, 2026 is taken on record. 2. By the present writ petition the petitioners seek direction upon the respondent authorities for issuance of appointment letters to the petitioners to the post of Assistant Teachers in primary school under DPSC, Howrah. 3. The petitioners contend that they participated in the recruitment process of primary teachers of the year 2009 conducted by the DPSC, Howrah. The petitioners duly appeared in the recruitment test conducted on June 20, 2010. After detecting serious irregularities in the written examination, the Principal Secretary issued an order vide no. 255- SSE/12/ ES/P/10M-141/2010(Pt.) dated June 21, 2012 cancelling the examination conducted by the DPSC, Howrah and further directed for conducting the examination denovo. Only the eligible candidates who had applied for recruitment against the earlier advertisement issued by the DPSC, Howrah dated September 30, 2009 were allowed to participate in the denovo examination. The petitioners appeared in the denovo written examination and were successful. The petitioners also appeared in the interview. Since appointment letters were not issued, several writ petitions were preferred before the Hon’ble Court including the petitions of the petitioners being WPA No. 23391 of 2023 and WPA No. 13051 of 2023 respectively. 4. All the aforesaid writ petitions were heard analogously and were disposed of by a Co-ordinate Bench of this Court on April 9, 2024 directing as follows :- “15. This Court however finds consensus ad idem between the counsel for the petitioners, the State and the Howrah DPSC as follows:- (a) All writ petitions in respect of the recruitment process of 2012 filed until March 31, 2024 shall be entertained. (b) Each of the petitioners in the aforesaid writ petitions shall be entitled to appointments as successful empanelled candidates in the recruitment process for the year 2009, reconducted in the year 2012, under the Howrah DPSC as directed in the order dated June 09, 2023. (c) Their appointments will be effective from the date of issuance of appointment letters. (d) They shall not have any claim towards any arrears since 2012 till date, either monetary or notional. (e) The petitioners’ length of service and terminal benefit shall be calculated from the date of issuance of the letters of appointment to each of them in terms of this order.” 5. Despite such direction, the petitioners have not been given appointment till date. 6. Being aggrieved by and dissatisfied with such action of the respondent authorities, the petitioners have preferred the present writ petition. 2 7. Mr. Rabi Lal Maitra, learned senior advocate appearing for the petitioners submit that the Hon’ble Co-ordinate Bench of this Court in its order dated April 9, 2024 in earlier round of litigation categorically observed that each of the candidates who have filed writ petitions within March 31, 2024, their candidature is to be entertained and appointment letters be issued accordingly. The petitioners have preferred their earlier writ petitions in the year 2023. Despite specific observation, these petitioners have not been given appointment till date. He seeks for appropriate direction upon the respondent authorities for issuance of such appointment letters in terms of the direction issued in the earlier writ petitions. 8. On the contrary, Mr. Madhu Jana, learned advocate appearing for the DPSC, Howrah submits that the petitioners did not obtain the cut off marks as required under the notification of the Council. Therefore, the petitioners cannot claim their appointment in terms of the order of this Hon’ble Court. 9. Upon hearing the learned advocates for the respective parties, the only issue which falls for consideration is whether the petitioners are entitled to appointments in respect of recruitment process of the year 2009, conducted by DPSC, Howrah. 10. Admittedly the petitioners earlier preferred writ petitions before the Hon’ble Court in the year 2023 3 being WPA No. 23391 of 2023 and WPA No. 13051 of 2023. The writ petitions filed by the petitioners were heard analogously along with batch of other writ petitions filed by other aggrieved candidates. As per the order passed by a Co-ordinate Bench of this Court in WPA No. 3268 of 2015 alongwith batch of other writ petitions including the writ petitions of the petitioners directions were issued that all writ petitions in respect of recruitment process of 2012 until April 31, 2024 shall be entertained and each of the petitioners will be entitled to appointment as successful empanelled candidates in recruitment process 2009, reconducted in the year 2012, under the Howrah DPSC. The order of the Co-ordinate Bench has considered the notification issued by the Chairman, DPSC, Howrah wherein the cut off marks were mentioned. In the earlier writ petitions, no case was made out by the Council before the Court that these petitioners did not have the cut off marks as per the notification. There is no such direction in such regard in the order of the Co-ordinate Bench apart from the direction as issued in paragraph no. 15 of the order dated 9th April, 2024. Such being the position the petitioners are entitled to appointment in terms of order of the Co-ordinate Bench dated April 09, 2024. 11. Accordingly, respondent no.4, Howrah District Primary School Council and respondent no.5, Chairman, Howrah District Primary School Council 4 are directed to issue appointment letters in favour of the petitioners within a period of six weeks from the date communication of this order. 12. With the above directions, the writ petition being WPA No. 18515 of 2025 is disposed of. 13. Learned advocate for the petitioner is directed to communicate this order to respondent no.4, Howrah District Primary School Council and respondent no.5, Chairman, Howrah District Primary School Council, for necessary compliance. 14. There shall, however, be no order as to costs. 15. Since no affidavit is invited, the allegations contained in the writ petition are deemed not to have been admitted. 16. Interim order, if any, stands vacated. 17. All connected applications, if any, stand disposed of. 18. All parties to act on the server copy of this order duly downloaded from the official website of this Hon’ble Court. 19. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Bivas Pattanayak, J) 5