SOUMEN PAUL & ORS. versus SHRABANI NAYEK & ORS.

Citation: [2025] 4 S.C.R. 651 · Decided: 04-04-2025 · Supreme Court of India · Bench: PAMIDIGHANTAM SRI NARASIMHA · Disposal: Appeal(s) allowed

cites 2 · see the full citation network in Lexace

Judgment (excerpt)

[2025] 4 S.C.R. 651 : 2025 INSC 451
Soumen Paul & Ors. 
v. 
Shrabani Nayek & Ors.
(Civil Appeal No. 4977 of 2025)
04 April 2025
[Pamidighantam Sri Narasimha* and Manoj Misra, JJ.]
Issue for Consideration
The issue involved relates to the appointments to the post of 
assistant teachers in primary schools in the State of West Bengal.
Headnotes†
West Bengal School Teachers Recruitment Rules, 2016 – r.6(2) 
as amended on 22.12.2020 – Interpretation – Late conduct 
of the 2020-22 Batch of Diploma in Elementary Education 
examination (D.El.Ed.), the minimum qualification for post 
of Primary Teacher, delaying the normal conclusion of the 
2022 batch by 30.06.2022 – Appellants apprehending that 
they could cross the age bar if they did not participate in the 
upcoming recruitment process, filed writ petitions – Single 
Judge of the High Court permitted the appellants to participate 
in the recruitment process – However, the appellants were 
held ineligible by the Division Bench to participate in the 
selection process on the ground that they did not possess 
the eligibility qualifications on the date of the advertisement, 
i.e., 29.09.2022 – Challenge to:
Held: r.6(2) does not prescribe a date by which minimum 
qualifications must be possessed – High Court erred in interpreting 
and construing r.6(2) as a provision prescribing a cut-off date 
by which time the minimum educational qualifications must be 
possessed – The direction of the Single Judge enabled candidates 
such as the appellant who were at the verge of completing the 
course to participate in the selection process and they would have 
been appointed only upon attaining the prescribed qualifications – 
Recruitment advertisement dtd. 21.10.2022, issued in continuation 
of the previous notification dtd.29.09.2022 itself invited applications 
from TET qualified candidates including the candidates appearing 
* Author
652
[2025] 4 S.C.R.
Supreme Court Reports
for the session 2020 in D.El.Ed. Courses in compliance with the 
order of the High Court – The qualifications must be possessed 
in terms of the date appointed by the relevant service rules and 
if there is no cut-off date appointed by the rules then such date 
as may be appointed for the purpose of advertisement calling for 
applications – Further, if there is no such date appointed then 
eligibility criteria shall be with reference to the last date appointed 
by which the applications have to be received – Appellants who 
applied as per the recruitment notification dtd.21.10.2022 obtained 
their course completion certificates by 29.11.2022 and their final 
results were declared on 30.12.2022 – Interviews commenced 
in December 2022 and when the process was to be taken to its 
logical end, the division bench passed the impugned order by 
interpreting r.6(2) as if it prescribes a cut-off date for eligibility – The 
recruitment notification dtd.21.10.2022 indicated that the appellants 
will be given an opportunity and that intendment must inure to 
their benefit – Recruitment notification dtd.21.10.2022 is legal and 
valid – The recruitment process commenced under the relevant 
rules and also as per the directions of the Single Judge of the High 
Court – Judgment of the division bench set aside – Recruitment 
process which commenced in the notification dated 21.10.2022 
to proceed further – National Council for Teachers Education Act, 
2009 – Constitution of India – Article 142. [Paras 21, 28-33]
Service Law – Recruitment/Selection – Cut-off date for 
qualification – Law as regards the date by which candidates for 
selection must possess the minimum qualifications prescribed 
for recruitment – Discussed.
Service Law – Recruitment notification – Importance of – 
Discussed.
Case Law Cited
Tej Prakash Pathak v. Rajasthan High Court [2024] 12 SCR 28 : 
(2025) 2 SCC 1 – followed.
Bhupinderpal Singh v. State of Punjab (2000) 5 SCC 262; Rakesh 
Kumar Sharma v. State (NCT of Delhi) [2013] 8 SCR 486 : (2013) 
11 SCC 58 – referred to.
List of Acts
West Bengal School Teachers Recruitment Rules, 2016; National 
Council for Teachers Education Act, 2009; Constitution of India.
[2025] 4 S.C.R. 
653
Soumen Paul & Ors. v. Shrabani Nayek & Ors.
List of Keywords
Rule 6(2) of the West Bengal School Teachers Recruitment 
Rules, 2016; National Council for Teachers Education Act, 2009; 
NCTE; Post of assistant teachers in primary schools; Minimum 
qualifications; Diploma in Elementary Education (D.El.Ed.); 
COVID-19 outbreak; West Ben

Excerpt shown. Read the full judgment & AI analysis in Lexace.