SSC Recruitment Scam: Calcutta HC Orders Central Forces Deployment, Preservation Of CCTV Cameras At SSC's Office After Its Chief Steps Down

In an unprecedented move, Justice Abhijit Gangopadhyay of the Calcutta High Court on Wednesday night directed the Central Bureau of Investigation (CBI) which is probing the alleged irregularities in the recruitment of teachers in West Bengal government schools, to seek assistance of central forces in securing the State's School Service Commission office. 

The Court also directed that no one should enter the building till 1 pm on Thursday without the leave of the Court and ensure that the CCTV footage of the office is available by Thursday noon.

Justice Abhijit Gangopadhyay conducted a special hearing of the case from 10:40 pm onwards on Wednesday night after the incumbent SSC Chairperson Siddhartha Majumdar resigned from his post, four months after taking charge. Following the news of the Chairperson's resignation, two counsels of the petitioners met Justice Gangopadhyay and apprised him that there existed an apprehension that crucial evidence could be tampered with in the wake of the new SSC chairperson taking charge.

It may be noted that Justice Gangopadhyay on Tuesday had ordered a CBI probe into the alleged irregularities in the recruitment of political science teachers for Class X1 and XII in the state-run schools of West Bengal and had further directed minister for education Paresh Chandra Adhikari to appear before the CBI since his daughter, Ankita Adhikari had allegedly been appointed without even figuring in the merit list or appearing for a personality test. The Judge had further opined that it is imperative that steps are taken to 'cleanse the whole situation of polity' and had accordingly recommended that Chief Minister Mamata Banerjee and the Governor Jagdeep Dhankar should consider removing the minister from his post.

Narrating the chain of events, the order read, 

"At about 9.40 p.m. today two Learned Advocates came to my Chamber, when I was completing my day's job. I usually stay till 9.30 p.m. and sometimes till 10.30 p.m. Today was a day when I was herein my Chamber and after hearing the mentioning I became extremely surprised. Those two advocates mentioned the two matters heard by me yesterday and today, by submitting, that the Chairman of the Commission has resigned from the West Bengal School Service Commission as because he made some statements before the court yesterday in one of the matters (Babita Sarkar -versus- The state of West Bengal & Ors.) at the direction of the Court when it became clear that there was a clear case of corruption whereby a candidate namely Ankita Adhikari daughter of the Minister of State of Mr. Paresh Adhikai was appointed as a teacher though she was not eligible to get the recommendations and appointment."

The counsels for the petitioner further submitted that after the Chairman resigned and left the School Service Commission's office, some other persons had allegedly entered the office and started interfering with the database in an attempt to destroy it. 

Before hearing the matter at 10:30pm, Justice Gangopadhyay also sought asked the counsels to sought approval from the Chief Justice via the Registrar General of the High Court and such an approval was subsequently granted by the Chief Justice via the Officer on Special Duty of the Chief Justice. 

Pursuant to the submissions, the Court ordered preservation of CCTV footage and accordingly observed, 

"The Secretary of the School Service Commission is directed to produce the CCTV footage before me at 12.30 a.m. tomorrow. The Secretary is to preserve all the digital information and the database if not already destroyed."

The Court further ordered the deployment of Central Reserve Police Force in the office of the School Service Commission and also ordered that nobody should be permitted to enter the building till 1:00 pm on Thursday without the Court's leave. 

"As the matter is in the hand of the CBI and as CBI has been granted liberty to take help of the Central Reserve Police Force, I direct the petitioner to intimate CBI to take up the matter with Central Reserve Police Force immediately so that CRPF personnel can be deployed to protect the building being Acharya Sadan, Salt Lake and the CRPF personnel shall not allow anybody to enter into the said building till 1.00 p.m. tomorrow without leave of the Court. No employees including officers and no other persons shall be allowed to enter the said West Bengal School Service Commission at 11 & 11/1, Block EE, Acharya Sadan, Salt Lake City, Kolkata – 700091. The learned advocate of the petitioner is granted liberty to communicate, this order to CBI immediately so that Police Force is deployed by the CRPF forthwith by 2 (two) hours from the communication to CBI", the Court underscored. 

The matter is slated for further hearing today i.e. on May 19. 

Earlier in the day, a Division bench of the High Court upheld orders of Justice Gangopadhyay that had directed the CBI to probe into the alleged irregularities in Group-C posts (non-teaching staff) in State government run schools oj the purported recommendation of the State's School Service Commission. 

Furthermore, Justice Gangopadhyay on Wednesday had also instructed state Minister Partha Chatterjee to appear before the CBI in connection with the illegal appointments made during his tenure as the Education Minister. The minister had subsequently failed to get relief from a Division Bench on Wednesday due to which Chatterjee was compelled to reach the CBI office at 5:40 pm on Wednesday.

Case Title: Babita Sarkar v. The State of West Bengal & Ors

Case Citation: 2022 LiveLaw (Cal) 188

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