47 jdt. 24.06.2026 jb. WPA 16991 of 2024 (Samar Kr. Ghosh and Ors. vs. State of West Bengal & Ors.) Mr. Arkadipta Sengupta …. For the Petitioners Ms. Aishwarya Rajyashree Ms. Puja Sonkar …. For the State The petitioners participated in the selection process for empanelment of District Level Trainer of Anandadhara, Malda pursuant to a notice issued on 3rd August, 2018 by the Additional District Mission Director, NRLM and Project Director, DRDC, Malda. Eligible candidates were directed to appear in the written examination scheduled on 30th September, 2018 and were called for an interview on 17th January, 2019 and 18th January, 2019 by a list published on 8th January, 2019. The names of the petitioners featured in the list and they appeared in the written test and interview accordingly. The final list of selected candidates for provisional engagement was published on 6th February, 2019 which did not contain the names of the petitioners. The petitioners approached this Court in a writ petition being WPA 12600 of 2019 wherein they contended that they had performed well and should have been appointed. By an order passed on 13th March, 2023 a co-ordinate Bench of this Court 2

refused to allow the prayer of the petitioners and directed the Additional District Mission Director, NRLM and Project Director, DRDC, Malda or any other authority having knowledge of the entire process to intimate the petitioners the reasons as to why they were not selected. The total marks by each of the petitioners and the lowest marks obtained by the last candidate as per the final list in the category to which the petitioners belonged were directed to be indicated to the petitioners within a stipulated time frame. Pursuant thereto the concerned authority by a letter issued on 22nd March, 2023 informed the individual marks obtained by the petitioners and stated that the lowest marks in the final list of selection was 32 with ranking 62nd out of 62 candidates. In response to an application made by one Md. Badiruddin Sk, the authority informed that Smt. Mamoni Ghosh was the last selected candidate and she secured 33 in the written examination and 14.33 in interview, total marks obtained being 47.33. Learned counsel for the petitioners submits that since the lowest marks obtained by the last candidate as stated in the letter issued on 22nd March, 2023 was 32, the petitioners who secured higher marks than the last candidate were eligible for appointment. A close scrutiny of letter issued on 22nd March, 2023 and 31st October, 2023 reveals that out of 62 candidates who appeared in the final list, the lowest 3

marks obtained by the last candidate ranking 62nd was 32 which is obviously lower than the marks secured by the petitioners. The 62nd candidate being the last candidate of the list does not appear to have been selected. The last selected candidate of the list was Smt. Mamoni Ghosh who secured 47.33 marks which is higher than that of the petitioners. There is nothing on record to suggest that the selection process is vitiated by bias or violation of rules/terms of the notice for provisional empanelment. It is crystal clear that the petitioners did not qualify for the post with adequate marks and were, therefore, not selected. The prayer of the petitioners in the writ petition cannot be considered. The writ petition is devoid of any merit and is accordingly dismissed. There shall be no order as to costs. Urgent certified website copy of the order, if applied for, be given to the parties on compliance of requisite formalities. (Suvra Ghosh, J.)

47 jdt. 24.06.2026 jb. WPA 16991 of 2024 (Samar Kr. Ghosh and Ors. vs. State of West Bengal & Ors.) Mr. Arkadipta Sengupta …. For the Petitioners Ms. Aishwarya Rajyashree Ms. Puja Sonkar …. For the State The petitioners participated in the selection process for empanelment of District Level Trainer of Anandadhara, Malda pursuant to a notice issued on 3rd August, 2018 by the Additional District Mission Director, NRLM and Project Director, DRDC, Malda. Eligible candidates were directed to appear in the written examination scheduled on 30th September, 2018 and were called for an interview on 17th January, 2019 and 18th January, 2019 by a list published on 8th January, 2019. The names of the petitioners featured in the list and they appeared in the written test and interview accordingly. The final list of selected candidates for provisional engagement was published on 6th February, 2019 which did not contain the names of the petitioners. The petitioners approached this Court in a writ petition being WPA 12600 of 2019 wherein they contended that they had performed well and should have been appointed. By an order passed on 13th March, 2023 a co-ordinate Bench of this Court 2

refused to allow the prayer of the petitioners and directed the Additional District Mission Director, NRLM and Project Director, DRDC, Malda or any other authority having knowledge of the entire process to intimate the petitioners the reasons as to why they were not selected. The total marks by each of the petitioners and the lowest marks obtained by the last candidate as per the final list in the category to which the petitioners belonged were directed to be indicated to the petitioners within a stipulated time frame. Pursuant thereto the concerned authority by a letter issued on 22nd March, 2023 informed the individual marks obtained by the petitioners and stated that the lowest marks in the final list of selection was 32 with ranking 62nd out of 62 candidates. In response to an application made by one Md. Badiruddin Sk, the authority informed that Smt. Mamoni Ghosh was the last selected candidate and she secured 33 in the written examination and 14.33 in interview, total marks obtained being 47.33. Learned counsel for the petitioners submits that since the lowest marks obtained by the last candidate as stated in the letter issued on 22nd March, 2023 was 32, the petitioners who secured higher marks than the last candidate were eligible for appointment. A close scrutiny of letter issued on 22nd March, 2023 and 31st October, 2023 reveals that out of 62 candidates who appeared in the final list, the lowest 3

marks obtained by the last candidate ranking 62nd was 32 which is obviously lower than the marks secured by the petitioners. The 62nd candidate being the last candidate of the list does not appear to have been selected. The last selected candidate of the list was Smt. Mamoni Ghosh who secured 47.33 marks which is higher than that of the petitioners. There is nothing on record to suggest that the selection process is vitiated by bias or violation of rules/terms of the notice for provisional empanelment. It is crystal clear that the petitioners did not qualify for the post with adequate marks and were, therefore, not selected. The prayer of the petitioners in the writ petition cannot be considered. The writ petition is devoid of any merit and is accordingly dismissed. There shall be no order as to costs. Urgent certified website copy of the order, if applied for, be given to the parties on compliance of requisite formalities. (Suvra Ghosh, J.)