New Delhi/Kolkata: The Supreme Court on Thursday upheld the Calcutta High Court’s decision to cancel the appointment of 25,753 teachers and non-teaching staff recruited in 2016 by the West Bengal School Service Commission (SSC), citing “widespread manipulation and fraud” in the selection process.
A bench comprising Chief Justice of India Sanjiv Khanna and Justice Sanjay Kumar ruled that the recruitment process was “tainted beyond repair”, affirming that the legitimacy of the entire selection had been compromised.
“The entire selection process is vitiated and tainted by fraud. The legitimacy of the selection process is denuded due to widespread manipulation,” Justice Khanna said while reading out the verdict.
Fresh Appointments to Be Completed in Three Months
The court directed the state government to initiate a fresh selection process and complete it within three months, ensuring that untainted candidates receive due relaxation in the new recruitment drive.
However, the bench clarified that candidates already appointed will not be required to return salaries drawn during their tenure. The court also ruled that any service post-termination will not be counted as vacant service for future employment considerations.
State Government Challenges Decision, Warns of School Vacancy Crisis
The West Bengal government, which had challenged the April 22, 2024 ruling by the Calcutta High Court, argued that the entire recruitment process should not have been annulled. The state’s Special Leave Petition (SLP) challenging the High Court’s directive to initiate a CBI probe will be heard by the Supreme Court on April 4.
In its plea, the state contended that the High Court failed to segregate valid appointments from the allegedly illegal ones, instead cancelling the entire recruitment indiscriminately.
“Instead of separating the grain from the chaff, the Hon’ble Court has painted the entire selection process with the same color of irregularity, leaving the state in a precarious position,” the government argued.
The government also raised concerns that the cancellation would create a severe shortage of teachers in state-run schools, especially as a new academic session is about to begin.
CBI Probe Into Recruitment Scam to Continue
The Supreme Court had earlier permitted the CBI investigation ordered by the Calcutta High Court, while directing that no coercive action be taken until further notice.
The controversy stems from manipulations in Optical Mark Recognition (OMR) sheets used in the recruitment of Group C, Group D, and Classes 9 & 10 teachers, which the Calcutta High Court had declared illegal. The High Court had also ordered the candidates to return their salaries with interest, a directive that has now been overturned by the Supreme Court.
With the Supreme Court upholding the cancellation of appointments, the focus now shifts to the CBI investigation and the fresh recruitment process, which is expected to have far-reaching implications for West Bengal’s education system.
