ARIJIT BANERJEE,J. - (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: "(5) The Selection Committee shall prepare separate Council-wise panels as per procedure below:- (a) Firstly, the Selection Committee shall segregate all eligible candidates applying for earmarked vacancies as mentioned in Note 7 to rule 6, from other successful candidates; (b) Secondly, the Selection Committee shall prepare the following panels for the successful candidates who have applied for non-earmarked vacancies (i) a panel of all selected candidates in a district, namely, unreserved Category comprising of the names of the candidates belonging to General Category and reserved candidates of Scheduled Caste Category, Scheduled Tribe Category, OBC Category-A, OBC Category-B and PH Category serially according to descending order of merit as per existing vacancies medium wise; (ii) a panel of selected reserved category candidates in a Council, namely, Scheduled Castes, Scheduled Tribes, OBC Category-A, OBC Category-B and Physically Handicapped (PH) candidates in the respective category as per statutory reservation rules, from amongst the remaining candidates of such categories, serially according to descending order of merit as per existing vacancies medium wise; (iii) a panel of selected candidates belonging to Exempted Category, Ex-servicemen and Physically Handicapped (PH) in a Council, separate panels category wise, for vacancies reserved for the respective categories; (iv) an alternative set of panel of selected candidates for each category in a Council serially according to descending order of merit as per existing vacancy medium wise; Note 1.- Such an alternative set of panel of selected candidates for each category in a Council shall be prepared for the purpose of providing option to the reserved category candidates during counselling to opt for posting as per position in unreserved category or as per position in the reserved category. Note 2.- Separate sets of panels for all selected candidates applying for earmarked posts as mentioned in Note 7 to rule 6 shall be prepared in accordance with the procedures mentioned in clauses (i) to (iv) of sub-rule (b)." It was submitted that without following the aforesaid rule, the respondent no. 6 prepared the panel and the list of empanelled candidates under the unreserved category which comprises of only the candidates belonging to general category. This is contrary to the rules. ;