MONIKA DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Same questions of fact and law are involved in this bunch of writ petitions. The grievance of the petitioners in all the writ petitions is the same. Accordingly, these writ petitions have been taken up for hearing and disposal together. Reference to parties in this judgment is on the basis of pleadings filed in WP 6894 (w) of 2017 (Monika Das & Ors. - Vs.- State of West Bengal and Ors.)

(2.) The petitioners have challenged the recruitment process conducted by the West Bengal Board of Primary Education (in short, 'the Board'), pursuant to its Notification dated 26th September, 2016 inviting applications for filling up posts of Primary Teachers in schools under different District Primary School Councils (in short 'DPSC') in West Bengal. Learned Counsel for the petitioners submitted that while conducting the selection process the Board has not followed the Reservation Policy. The cut off mark for getting empanelled in Scheduled Caste category was much higher than the cut off mark for getting empanelled in general category. It was submitted that those candidates in the reserved category who obtained higher marks than the cut off mark for getting empanelled under the general category, should have been empanelled under the general category and in that event the cut off mark for getting empanelled under scheduled caste category would have been much lower.

(3.) The second grievance of the petitioners is that Rule 8 (5) of the West Bengal Primary School Teachers Recruitment Rules, 2016 has been violated. Rule 8(5) of the 2016 Rules reads as follows: