Enhanced Criteria Would Attract Best Applicants: Calcutta High Court Dismisses Teachers' Appeals Against Fresh SSC Recruitment Rules

The Calcutta High Court has dismissed an appeal against a Single Judge order relating to the recruitment process initiated by the West Bengal School Service Commission for selection and appointment to the post of Assistant Teachers of upper primary level of Classes, except work education and physical education classes IX–X and Classes XI-XII, Rules of 2025.

The present appeal was directed against a portion of the impugned order, which rejected the contention that the recruitment process initiated in 2025 on the basis of the said Rules of 2025 could not be fully made applicable to the present appellants, vis-à-vis eligibility under the earlier act of 2016.

The present appellants are the Assistant Teachers in Class IX-X and Class XI-XII, whose services have been extended till the end of the academic year or until the process of such appointment to such posts is concluded, subject to the following conditions of the Supreme Court.

In paving the way for the 2025 recruitment process, a division bench of Justices Soumen Sen and Smita Das De held: 

"In fact, the criteria in 2016 and 2023 are remarkably different which, inter alia, includes the prior teaching experience which the present appellants have happily accepted. The writ petitioners have not demonstrated that by reason increasing the eligibility criteria from 45% to 50% any of the writ petitioners are affected and likely to be affected. There is no averment to that effect in the writ petition. In any event, the criteria laid down by the commission is for attracting and selecting the best of the lot and there cannot be a greater concern for the court that the imparting of quality education to the students."

It was contended by the appellants that they were aggrieved inter alia by the abolition and/or reduction of posts and modification of the eligibility criteria for the untainted candidates protected under the Supreme Court's orders in State of West Bengal v. Baishakhi Bhattacharyya (Chatterjee) & Ors., decided on 3rd April, 2025.

It was submitted that almost 68 posts, which were declared vacant in 2016 and filled up by the 2016 Selection process, have not been declared as vacant posts in 2025.

It was further submitted that Under the 2025 Rules (Schedule I framed under Rule 3), candidates securing less than 50% marks in their Post-Graduation and Graduation from a recognized University are not qualified to participate in the fresh selection process. Thus, successful candidates not specifically tainted would be debarred, despite the specific direction of the Supreme Court from appearing in the fresh selection process, if they had secured 45% marks or above, but below 50% marks in their Graduation/Post Graduation.

However, in noting that the enhanced eligibility criteria only ensured that the best candidates applied for recruitment, and that none of the present petitioners were affected by such enhancement, the court upheld the rules.

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