VidhiSangh

Supreme Court of India · 04/04/2025

SOUMEN PAUL & ORS. versus SHRABANI NAYEK & ORS.

[2025] 4 S.C.R. 651 · 2025 INSC 451

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Summary

Candidates of the delayed 2020-2022 D.El.Ed. batch were allowed by the Board and a Single Judge to participate in the West Bengal primary assistant teacher recruitment, but a Division Bench held them ineligible for lacking the qualification on the date of the notification of 29.09.2022. The Supreme Court held that Rule 6(2) of the 2016 Recruitment Rules only incorporates the NCTE qualifications prevailing on the date of the recruitment notification and prescribes no cut-off date, that the actual recruitment notification was the one dated 21.10.2022, which expressly admitted appearing candidates and was never challenged, and directed the recruitment to proceed, also invoking Article 142.

Issues

  1. Whether Rule 6(2) of the West Bengal Primary School Teachers Recruitment Rules, 2016 (as amended on 22.12.2020) prescribes a cut-off date by which candidates must possess the minimum qualification.
  2. Whether the notification dated 29.09.2022 or the notification dated 21.10.2022 was the recruitment notification.
  3. Whether candidates who had qualified in D.El.Ed. Part-I but had not completed the course on the date of the recruitment notification could validly be permitted to participate in the selection process.
  4. What is the date by reference to which eligibility must be judged where the rules and the advertisement fix no cut-off date.

Provisions considered

Held

Result

Appeals allowed. Judgment of the Division Bench of the Calcutta High Court dated 11.04.2023 in MAT No. 1725 of 2022 set aside; the recruitment process commenced under the notification dated 21.10.2022 to proceed and the Board to conclude it as expeditiously as possible. Applications for impleadment/intervention dismissed as withdrawn with liberty to pursue available remedies; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2025] 4 S.C.R. 651.