State Cabinet Knowingly Protected Fraudulent Appointments: Calcutta High Court Invalidates Nearly 24,000 Teaching, Non-Teaching Jobs

The Calcutta High Court on Monday invalidated almost 24,000 teaching and non-teaching jobs across government and aided schools, which were filled up as a result of the 2016 SSC Recruitment process, which was subsequently challenged due to the cash-for-jobs recruitment scam.

In a detailed order running into more than 280 pages, a division bench of Justices Debangsu Basak and Md Shabbar Rashidi cancelled the entire panel of the 2016 SSC Recruitment upon finding irregularities with OMR sheets and ordered the state to conduct fresh examinations for the same. 

The Bench also directed those whose appointments had been cancelled to return all salaries and benefits drawn by them as they were rendered to be "proceeds of crime" due to the fraudulent nature of their appointment. 

A school imparts education that prepares a child for his/her onward journey in life. It is imperative that the child is placed in company of persons who are not tainted. Teachers have the onerous task of inculcating values in the students. They have the task of creating and maintaining a pristine atmosphere around a student so as to nurture the creativity of the student. It would be naïve to except such qualities from persons obtaining employment by dubious means, the Court observed.

It added: If the teacher and the nonteaching staff of such educational institution, or even a portion thereof, obtains appointments fraudulently, such teacher or nonteaching staff immediately forfeits his integrity, honesty and his ability to impart wholesome education to a child in such an educational institution. An educational institution must be protected against such elements attempting to percolate, let alone permeate into it. It is therefore, imperative and in the beneficial interest of the society that such elements are removed from an educational institution.  

The Court was considering a batch of petitions concerning the 2016 SSC Recruitment process, which has been challenged as being tainted due to the cash-for-jobs scam, through which undeserving candidates were allegedly given appointments in exchange for bribes.

The OMR sheets filled by the selected candidates had been examined by the Central Bureau of Investigation, to whom the probe had been transferred, and upon perusing the report of the CBI, the Court observed that the entire panel of recruitment originating out of the 2016 recruitment process had been tainted due to the irregularities with the OMR sheets, many of which were found blank, and was liable to be cancelled.

The Court also found that many of those whose appointments had been challenged had been appointed after the panel for the 2016 recruitment had expired, by submitting blank OMR sheets.

It held that the investigation by CBI, with regard to the creation of supernumerary posts was imperative to bring to light, the nature and extent of the scam and persons that are involved therein.

It is shocking that, at the level of the cabinet of the State Government, decision is taken to protect employment obtained fraudulently in a selection process conducted by SSC for State Funded Schools, knowing fully well that, such appointments were obtained beyond the panel and after expiry of the panel, at the bare minimum, the Court stated.

It added that the enormity of such wrongdoing was accentuated by the fact that the illegal appointments were sought to be confirmed in educational institutions and that persons involved in such decision-making processes had exposed children topersons who obtained their employment through fraudulent means.

Unless there is a deep and pervasive connection between the persons perpetuating the fraud and the beneficiaries thereof with persons involved in the decision-making process such course of action in resolving to create supernumerary posts to protect illegal appointments is inconceivable, it was held.

The Court also directed those who were recognised to be fraudulently appointed, to return the salary drawn by them and directed for an investigation into those who perpetrated the fraud.

Accordingly, in holding that the candidates in the recruitment process had been made aware that their employment deepened on the final disposal of the present proceedings, the Court disposed of the pleas by cancelling the entire 2016 SSC Recruitment Panel.

However, the court made an exception for one Ms Soma Das whose appointment was on humanitarian factors due to her health conditions, and proposed to not disturb her employment.

Citation: 2024 LiveLaw (Cal) 94

Case: Baishakhi Bhattacharyya (Chatterjee) & Ors. Vs. State of West Bengal & Ors.

Case No: WPA 30649 of 2016

Click here to read order