'Trying To Cover Up Some Facts': Calcutta High Court Orders CBI Probe Into Another Govt Teacher Recruitment Scam

The Calcutta High Court on Thursday ordered for a Central Bureau of Investigation (CBI) probe in another matter pertaining to the alleged illegal appointment of assistant teachers in State run schools in West Bengal.

The Court was adjudicating upon a batch of pleas alleging illegal appointment of assistant teachers for Class 9 and Class 10 in State run schools pertaining to the West Bengal State Level Selection Test (SLST) on the purported recommendation by the West Bengal School Service Commission (WBSSC).

Justice Abhijit Gangopadhyay directed the Regional Head of CBI  to start investigation in the matter after registering a case in course of the day itself.

"Therefore, this matter is also required to be investigated by CBI by registering a new case in this matter as it relates to appointment of Assistant Teachers in classes IX and X", the Court directed. 

The Court issued the direction after noting that Santi Prasad Sinha, the advisor of the Commission had made a false statement before the Court that no meeting had been conducted by the 5 member committee constituted by the School Education Department, Government of West Bengal to oversee the recruitment process. 

Justice Gangopadhyay on Thursday took on record a supplementary affidavit filed by one of the petitioners which contained a notice of a second meeting of the State constituted committee vide memo dated November 1, 2019. 

Opining that he is 'extremely surprised' by the revelation and the dishonest statement of Sinha, the Court remarked, 

"This notice shows, by which I am extremely and extremely surprised, that there were at least two or more than two meetings of the said committee. Whereas before this court Dr. Santi Prasad Sinha, the advisor of the Commission and convenor of the five member committee in other matters having similar allegations of corruption, here in the appointment in the posts of assistant teachers by the School Service Commission said time and again that there was no meeting of the said 5 member committee. The other members of the committee have also given their reply to similar questions before CBI". 

In the instant plea, the petitioner had prayed for the publication of fair and transparent merit list of Assistant Teachers in 1st State Level Selection Test 2016 (classes IX and X) in terms of 2016 Rules of recruitment including the waitlist disclosing the breakup and segregation of marks.

She had further sought for uploading of the online application forms of the candidates in respect of 1st State Level Selection Test 2016 (Class IX and X); disclosure of the letters of appointments and to consider the candidature of the petitioner.

Directing the CBI to interrogate any person they think fit to unearth the corruption, the Court observed, 

"Whether the then MIC knew about such meeting or not or any other thing as to the corrupt practice in such appointment is a matter to be investigated by the Central Bureau of Investigation and they are given a freehand to interrogate any person they think fit to unearth the corruption in the appointment in government aided schools scam whatever be his social or political status."

The Court also dismissed the State government's prayer to look into the matter so that the illegalities can be cured by opining that time is running out. Further opining that such deliberate false statement on behalf of Sinha shows that he is trying to cover up facts, the Court remarked further, 

"Such false statement shows that said Mr. Sinha is trying to cover up same facts unfavourable to him and his aides."

Justice Gangopadhyay further expressed reservations to the disclosure that the purported meeting of the State constituted recruitment committee had taken place inside the chamber of the Private Secretary to the Minister-in-charge of the education department and accordingly remarked, 

"I am further surprised that though there is a 6- storied building of the West Bengal Central School Service Commission, the meeting of the committee was to be held in the chamber of the Private Secretary to the Minister-in-charge of the education department."

Therefore, the CBI was ordered to investigate the matter and also interrogate Sinha specially and other members of the committee again. The matter has been listed for further hearing on tomorrow i.e. on April 8 to take on record the status report filed by the CBI. 

The Court had earlier ordered for a CBI probe in 2 such similar cases pertaining to the teacher recruitment scam after observing that such a scam with regards to public employment could not have taken place without the complicity of people in power in the State machinery. The West Bengal government had moved a Division Bench of the High Court challenging such an order. 

It may be noted that Santi Prasad Sinha and other State constituted recruitment committee members are already facing a CBI probe pertaining to illegal appointments of 'Group-D' (non-teaching staff) in sponsored Secondary and Higher Secondary Schools. 

Case Title: Anindita Bera v. The State of West Bengal & Ors.

Case Citation: 2022 LiveLaw (Cal) 109

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