Poli Guha vs State Of West Bengal & Ors

Ravi Krishan Kapur, J

Heard the parties. I am satisfied as to the urgency of the matter.

The grievance of the petitioner is that she has not been allowed to participate in the second phase of counselling even though she was the waitlisted Rank-1 candidate for filling up vacancy under category: PH-ANY, Medium-Bengali, Gender: Female in the Subject-Physical Education in Dahalauda B.S. Girls' High School which is to be held on 10th December, 2019. It is submitted on behalf of the petitioner that she is a waitlisted rank-1 candidate and this would appear from page 95 of the writ petition.

Counsel on behalf of the School Service Commission fairly submits that he has been unable to verify from his client whether the petitioner was ranked as a waitlisted candidate which is referred to at page 95 of the petition. He makes a fair submission that in view of the fact that the counselling is due to begin today i.e. 10th December, 2019 let the petitioner be directed to visit the office of the West Bengal School Service Commission and participate in the selection process if she is otherwise eligible to participate.

In view of the submissions made on behalf of the parties, I direct that the petitioner visits the office of the West Bengal School Service Commission today and I direct the Secretary to verify the candidature of the petitioner in accordance with law and to ascertain whether she is actually ranked as the first waitlisted candidate as per the document annexed at page 95 of the petition. If the petitioner is entitled to participate in the selection process, the West Bengal School Service Commission is directed to permit the petitioner to participate in the counselling (2nd Phase). The Secretary of the West Bengal School Service Commission is directed to act in terms of the aforesaid directions as expeditiously as possible.

Let this matter appear before Regular Bench for hearing after affidavits are completed. Let affidavit-in-opposition be filed within two weeks from date. Affidavit-in-reply thereto, if any be filed within one week thereafter.

I make it clear that the aforesaid directions will not create any equity in favour of the petitioner and the aforesaid interim measure will abide by the result of the writ petition.

Let a photostat plain copy of the order duly countersigned by the Assistant Registrar (Court) be made available to the learned advocate for the petitioner on usual undertakings.