BEUTY KHAN @ BEUTY KHATUN v. STATE OF WEST BENGAL AND ORS.
WPA/16880/2025 · 2026-04-17
Bivas Pattanayak
body2026
DailyLaw.ai
[ 2026 DAILYLAW 9954 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 9954 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
17.04.2026 Sl. No.14 Ct. No.14 gd IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA/16880/2025 BEUTY KHAN @ BEUTY KHATUN VS STATE OF WEST BENGAL AND ORS. Mr. Ali Ahsan Alamgir Ms. Soma Mal Ms. Rabia Khatoon Ms. June Modak Mr. Debarpan Bose …for the Petitioner. Mr. Saibal Acharyya …for the State. Mr. Subir Sanyal, ld. Sr. Adv. Mr. Ratul Biswas Mr. Kaushik Chowdhury …for WBBPE. 1. Affidavit of service filed by the petitioner is taken on record. 2. By the present writ petition the petitioner seeks direction upon the respondent authorities, particularly West Bengal Board of Primary Education to issue appointment letter in favour of the petitioner since she secured more than the cut off marks required for an OBC-A candidate, upon considering the representation of the petitioner dated 7th July,
2025. 3. The petitioner contends that the petitioner qualified Teachers Eligibility Test (in short TET) 2017 and is also a trained candidate. The petitioner participated
in recruitment process of 2022 as a general candidate, since at the time of filling up the application form, her caste certificate was misplaced. The petitioner claims that her candidature in the recruitment process of 2022 be considered as OBC-A candidate instead of general candidate. Hence this writ petition. 4. Mr. Ali Ahsan Alamgir, learned advocate appearing for the petitioner submits that since the OBC-A certificate of the petitioner was misplaced at the time of filling up the application form, she could not claim her candidature under the OBC-A category and was compelled to fill in the form as a general candidate. The petitioner has more marks than the cut off marks as required for OBC-A candidate. On 7th July, 2025 the petitioner has made a representation before the concerned authority for due consideration in this regard. However, the same is still pending consideration. Hence this writ petition. 5. Mr. Subir Sanyal, learned senior advocate appearing for the West Bengal Board of Primary Education submits that the petitioner though stated that the OBC-A certificate was misplaced, but she has not taken any steps towards such misplacement. The petitioner voluntarily has submitted the application under general category. The recruitment process of 2022 has already been completed and the appointments have already been given. Therefore, the petitioner’s prayer cannot be considered at this stage. 2
He seeks for dismissal of the writ petition.
To buttress his contention, he relies on the decision of Hon’ble Supreme Court passed in SLP(C) No.4001-4002 of 2023 (Poonam Dwivedi & Ors. v. State of U.P. & Ors.). 6. The only issue that falls for consideration is whether the petitioner can be considered as a candidate under OBC-A category. 7. Admittedly, the petitioner has submitted her application for recruitment process of 2022 as a general category candidate. There is also no dispute that the process of recruitment process of 2022 has already been concluded. The petitioner in her pleadings save and except stating that her certificate of OBC-A was misplaced has not demonstrated in the writ petition as to the steps taken by her upon such misplacement. There is also no specific date on which the petitioner found her misplaced caste certificate. It is relevant to note that there is no pleadings that since the year 2022 till filing of writ petition, the petitioner has submitted any application before the appropriate authority for issuance of a duplicate one. Thus, the pleadings in the writ petition falls short of merit. 8. In view of above, the writ petition being WPA 16880 of 2025 stands dismissed. 9. Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted. 3
10. Interim order, if any, stands vacated. 11. All connected applications, if any, stand disposed of. 12. There shall be no order as to costs. 13. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court. 14. 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