Calcutta High Court Lifts Stay On Teacher Recruitment Process For Upper Primary Schools, Issues Directions To Expedite Process

The Calcutta High Court on Friday lifted the interim stay order that had been imposed on the West Bengal government's ongoing process of recruitment of teachers for primary schools.

Justice Abhijit Gangopadhyay vide an earlier order dated June 30 had imposed an interim stay on the recruitment process in light of the emerging allegations involving irregularities in the marking scheme and selection process.

On Friday, Justice Gangopadhyay opined that the West Bengal School Service Commission had complied with the directions issued and accordingly observed,

"As the Court's order passed on 2nd July, 2021 has been complied with by the Commission within the timeframe, I recall the restraining order put upon the Commission from taking further steps pursuant to the interview list. Now there is no such restraining order on the Commission and the Commission is free and expected to take steps immediately so that recommendations can be made by the Commission to the interview-listed candidates."

In order to address further grievances of candidates whose names have not been included in the interview list, the Court directed the Commission to conduct personal hearings to address such candidates individually.

"The representation containing the grievance/grievances has to be filed within a period of two weeks from date either through e-mail or by filing a hardcopy in the office of the West Bengal Central School Service Commission. If such hardcopy is sent by post, it must be by speed post or by registered post with acknowledgement due for which the track record of India Post is to be collected and kept by the candidate", the Court directed.

The Court observed that the officials to be engaged for the purpose of conducting such hearings should not be below the rank of Secretary of the Commission. For this purpose, the Government of West Bengal might also engage experienced officers (eligible to be appointed as Secretary of the Commission) in the rank of Secretary of the Commission for hearing the representations, and for passing a reasoned order thereon.

To this, the Advocate General submitted that conducting personal hearings might not be feasible in the event that there are thousands of representations before the Commission. Dismissing such a contention, the Court opined,

"But this court thinks that unless an opportunity of face to face interaction is granted to the candidates with the Officer of the Commission, the grievances of the aggrieved persons may not evaporate. In my view, if personal hearing is not given grievance would always be there that the order against the representation had been passed mechanically and without application of mind. To avoid such feeling of the candidates, I have directed the Commission to give the personal hearing."

The Court ruled that following the conclusion of such hearings, the Commission has to communicate its decision by speed post or by registered post to the aggrieved candidates. The entire exercise including sending of orders of the Commission to such candidates should be completed by 12 weeks from the date of receipt of the individual representations.

Furthermore, the Court made a recommendation to the State wherein it suggested if the State could consider providing an age relaxation of 5 years in the next selection test for the Assistant Teachers in Upper Primary Section for candidates who have participated in the first State Level Selection Test which was initiated in 2016.

"A large number of candidates may not get any further opportunity to appear in the next selection test for the posts of Assistant Teachers in the Upper Primary Schools if the age relaxation is not given to them", the Court explained.

During the hearing, the Advocate General had prayed for more time to comply with the directions issued by the Court. However, Justice Gangopadhyay refused to entertain such a plea by observing "this matter is pending for more or less five years and I do not want to keep this matter pending for even a single day".

Accordingly, the Court dismissed the petition by granting liberty to the Commission to impose costs in the event frivolous representations are made by aggrieved candidates.

Case Title: Abhijit Ghosh v. State of West Bengal & Ors.

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