West Bengal teachers’ recruitment case: SC pauses Calcutta HC order, bats for segregating tainted appointments
West Bengal teachers’ recruitment case: SC pauses Calcutta HC order, bats for segregating tainted appointments
Stating that it would be unfair to set aside all the appointments of the teachers and non-teaching staff by the 2016 West Bengal School Service Commission (SSC) if the tainted and untainted one’s can be segregated, the Supreme Court on Tuesday continued the ad-interim protection to the recruitments, subject to the condition that those found to have been illegally appointed return their salaries.
A three-judge bench presided by Chief Justice of India D Y Chandrachud said, “We are of the view that an expeditious and early disposal of this proceedings would be in the interest of justice and accordingly direct that the proceedings be listed for final hearing and disposal on July 16, 2024.”
It added, “In the meantime, we are inclined to continue the ad interim protection which was granted by this Court in the order dated 9 November 2023, subject to the express stipulation that any person who is found to have been appointed illegally and has continued as a consequence of the present order shall undertake to refund the entire amount of the salary which may be paid between the date of this order and the final judgment of this court.”
Modifying its earlier order, the Supreme Court also directed that the investigation ordered by the High Court as per clauses 7 and 8 in the operative directions shall continue but no coercive steps be taken.
Clause 7 of the High Court order says, “CBI will undertake further investigation in respect of all the four cases. CBI will interrogate all persons who had received appointments beyond the panel, after expiry of the (SSC) panel and after submitting blank OMR sheets. If necessary, CBI shall undertake custodial interrogation in respect of each of them.”
Clause 8 said, “CBI will undertake further investigations with regard to the persons involved, in the State Government approving creation of supernumerary post to accommodate illegal appointments. If necessary, CBI will undertake custodial interrogation of such persons involved.”
The SC order added that it had by its previous order, directed that no precipitate action be taken in person of the direction contained in clause 8 of the operative direction of the High Court and added that this “shall continue to remain in operation”.
It also pointed out that the question of creation of supernumerary posts was also a subject of a writ petition before the Calcutta High Court.
The High Court had on April 22 cancelled the illegal recruitment of 25,753 teachers and non-teaching staff by the School Service Commission (SSC) ordering them to return their salaries with interest. The court also ordered fresh recruitment against the posts within 15 days
The bench led by Justice Debangsu Basak observed that the OMR sheets of Group C, Group D, Class IX and X were manipulated in 2016, making all the recruitments illegal. It added that the names of those who were recruited were included in the panel illegally.
Challenging this before the Supreme Court, the state said in its appeal that the HC instead of segregating the valid appointments, which could not have formed part of the adjudication as opposed to the alleged illegal ones, “has erroneously set aside the selection process in its entirety”.
It said that no case for cancellation of the entire selection process was made out, and there was no occasion for the High Court to set aside/cancel the entire recruitment, when the allegedly wrongful and illegal appointments identified by the SSC based on the CBI report, could have as per law been set aside, after hearing the aggrieved parties.
“However, the Hon’ble Court has instead of separating the grains from the chaff, has proceeded to paint the entire selection process with the same colour of irregularity, leaving the State Govt. as an appointing authority, and as the authority responsible to maintain the Teacher-Pupil ratio in schools in a precarious position,” it said.
The state said that the High Court based on only oral submissions “without any affidavit on record, has proceeded to in a cursory manner” directed the cancellation “in utter disregard to the fact that the same will lead to a huge vacuum in the State Schools, unless new selection process is completed by the SSC, especially when the new academic sessions is on its brim, leading to the students being adversely impacted”.
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