Court Rules Newspaper Advertisement Provided Adequate Public Notice; No Fresh Applications Allowed Beyond Deadline
In a significant judgment delivered on October 30, 2026, the Calcutta High Court dismissed the writ petition filed by Sambhu Charan Bera, a TET-qualified candidate belonging to the Other Backward Classes (OBC), seeking permission to submit a belated application for the post of Assistant Teacher in Primary Schools in West Bengal.
The petitioner contended that he was unaware of the recruitment notification published by the West Bengal Board of Primary Education (WBBPE) due to residing in a rural village of Purba Medinipur and therefore could not apply within the stipulated deadline. He sought a direction from the Court to allow submission of his application after the last date, either by reopening the online portal or accepting the application physically.
The recruitment notification, published on September 25, 2025, and November 19, 2025, invited applications for filling 13,421 vacant posts of Assistant Teachers across Government Aided Primary, Government Sponsored Primary, and Junior Basic Schools in West Bengal. The application window was open from November 19, 2025, to December 9, 2025.
The Court examined the submissions and evidence, including newspaper clippings provided by the respondents, which showed that the advertisement was extensively published both online and in several newspapers. This, the Court held, constituted sufficient public notice for the recruitment process.
The petitioner further argued that a subsequent notification dated October 14, 2026, which allowed candidates who had already applied under OBC-A and OBC-B categories to modify or update their particulars, implied that the recruitment process was ongoing and that fresh applications should be permitted. However, the Court clarified that this notification was strictly for correction or modification by existing applicants and did not reopen the recruitment for new candidates.
Rejecting the petitioner's plea, the Court emphasized that no procedural lapse or irregularity was demonstrated on the part of the recruiting authority. It held that allowing a late application would contravene the recruitment rules and open floodgates for similar requests, undermining the sanctity of the recruitment process.
The judgment reiterates the principle that candidates are presumed to have knowledge of public notifications once such notices are published in newspapers and online. It also confirms that extensions or modifications permitted to existing applicants do not constitute reopening the recruitment process.
The writ petition was accordingly dismissed, and no order as to costs was made.
Bottom Line:
Recruitment to the post of Assistant Teacher in Primary Schools - Candidate who failed to apply within the prescribed period cannot seek permission to submit a fresh application after expiry of the last date on the plea that he came to know of the advertisement later - Newspaper publication of recruitment notice constitutes sufficient public notice - Subsequent notification permitting correction/modification of particulars by existing applicants does not amount to reopening the recruitment process for fresh applications.
Statutory provision(s):
West Bengal Primary School Teachers Recruitment Rules, 2016
Sambhu Charan Bera v. State of West Bengal, (Calcutta) : Law Finder Doc Id # 3007098