2010 Madrasah recruitment: HC bars over 73K candidates

Kolkata: The Calcutta High Court on Tuesday quashed the West Bengal Madrasah Service Commission’s notices dated August 5 and 9, 2024, which had allowed 73,978 candidates to appear in a second written examination for Group D posts under the 2010 recruitment process.

Justice Partha Sarathi Sen held that the Commission’s decision to conduct another written test violated earlier binding judicial directions and the 2010 Recruitment Rules. The court observed that candidates who had appeared in the written test on May 29, 2011, must be the only ones considered for selection. The Commission had initially conducted a screening test in 2010, followed by the written examination in 2011. After prolonged litigation initiated by Soumen Malakar, a candidate, the High Court had in 2018 directed the Commission to publish his results and complete the selection process under Rule 18 of the 2010 Rules. The Division Bench upheld that order in 2020 and extended compliance deadlines multiple times until June 2024.

However, on August 5 and 9, 2024, the Commission allowed 73,978 additional candidates—who had allegedly been wrongly excluded in 2011 due to technical flaws—to appear in a second written test on September 1, 2024.

The High Court found this move to be contrary to its earlier orders, which had not permitted any fresh written exam. The judge also noted that the 2010 Rules do not allow re-evaluation of OMR sheets or multi-phase written exams. Holding two written tests for the same selection was found to be violative of Article 14 of the Constitution.

The court set aside both notices and all actions taken pursuant to them, directing the Commission to conclude the recruitment in terms

of prior court orders.