LexALI HOSSAIN MANDAL & ORS. versus WEST BENGAL BOARD OF PRIMARY EDUCATION & ORS.
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* Author [2024] 5 S.C.R. 935 : 2024 INSC 453 Ali Hossain Mandal & Ors. v. West Bengal Board of Primary Education & Ors. (Civil Appeal No. 1873 of 2024) 09 May 2024 [Hrishikesh Roy* and Prashant Kumar Mishra, JJ.] Issue for Consideration Whether the manner of shortlisting candidates for appointment to the posts of primary teacher as directed by the Division Bench was in departure from the procedure envisaged under Rule 8 of the West Bengal Primary School Teachers Recruitment Rules, 2016; whether the remaining 3929 vacancies of primary school teachers were to be treated exclusively as part of 16,500 vacancies for which the recruitment process commenced via Notification dated 23.12.2020, or whether such vacancies can be carried forward to the next recruitment cycle that commenced via Notification dated 29.09.2022 instead. Headnotes† West Bengal Primary School Teachers Recruitment Rules, 2016 – rr.8, 12 – Procedure for selection of candidates – No vested right to be appointed against notified vacancies – Division Bench vide impugned judgment directed that appointments against the unfilled 3929 vacancies be made in a descending order of candidates’ respective inter-se positions in Teacher Eligibility Test List 2014 – Aforesaid 3929 vacancies if to be treated exclusively as a part of the recruitment process initiated through Notification dated 23.12.2020 and appointments against them if to be made from the already-expired panel or Merit List notified on 15.02.2021: Held: No – The selection process for appointment to the posts of primary teacher was to be made by assessment of merit by the Selection Committee as notified under Rule 8 of the Recruitment Rules, 2016 – The recruitment process initiated on 23.12.2020 cannot continue indefinitely – The 2020 recruitment process had concluded and thereafter, the fresh recruitment process 936 [2024] 5 S.C.R. Digital Supreme Court Reports commenced vide notification dated 29.09.2022 – The Panel or Merit List as notified on 15.02.2021 stood extinguished after expiry of one year on 15.02.2022, as per Rule 12 of the Recruitment Rules, 2016 as no extension was granted to the 15.02.2021 Panel by any competent authority and therefore no relief can be granted to candidates who approached the court in May 2022, i.e., long after the panel stood extinguished – Not appropriate to direct appointments to be made against the remaining 3929 vacancies, from the already-expired Merit List – A panel or a Merit List cannot be treated as if it exists in perpetuity, which will facilitate making appointments as and when required – When the panel expires or after the selection process is over with most posts being filled, the benefit of appointments cannot be given unless the panel’s validity is legally extended – However, no such extension of the panel’s validity was granted – In conclusion of the earlier process, a fresh recruitment process was undertaken vide Notification dated 29.09.2022 – Furthermore, even when vacancies are notified and an adequate number of candidates are shortlisted, these candidates do not acquire an indefeasible right to be appointed against those vacancies – Multiple factors are to be taken into account by the Board – For such reasons 3929 vacancies remained unfilled by the time the panel’s validity expired – No further appointments permissible from the recruitment process initiated on 23.12.2020 when a fresh recruitment process had commenced – Impugned judgment of the Division Bench and the earlier direction given by the Single Judge, set aside. [Paras 25-27, 29, 30] Case Law Cited State of Orissa & Anr. v. Raj Kishore Nanda & Ors. [2010] 7 SCR 301 : (2010) 6 SCC 777; Union of India v. B. Valluvan [2006] Supp. 7 SCR 755 : (2006) 8 SCC 686; Girdhar Kumar Dadhich v. State of Rajasthan [2009] 1 SCR 585 : (2009) 2 SCC 706; State of Bihar v. Mohd. Kalimuddin [1996] 1 SCR 314 : (1996) 2 SCC 7 – relied on. Dinesh Kumar Kashyap & Ors. v. South East Central Railway & Ors. [2018] 14 SCR 947 : (2019) 12 SCC 798 – distinguished. List of Acts West Bengal Primary School Teachers Recruitment Rules, 2016. [2024] 5 S.C.R. 937 Ali Hossain Mandal & Ors. v. West Bengal Board of Primary Education & Ors. List of Keywords Primary school teachers; Teacher Eligibility Test 2014; TET 1014; Remaining/balance/unfilled vacancies/left over vacancies; Cutoff marks; Panel or Merit List; Next recruitment cycle; Fresh recruitment cycle; Vacanc
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