'Central Commission Has Lost All Control Over Regional Commission': Calcutta HC Seeks Personal Attendance Of Secretary, WB Central Service Commission

The Calcutta High Court on Tuesday directed the Secretary of the West Bengal Central Service Commission to appear in person before the Court on Wednesday while hearing a batch of petitions citing irregularities in the appointments of 'Group C' and Group D' non-teaching staff in State government aided Secondary and Higher Secondary schools. 

The Court on Tuesday took on record a report filed by the School Service Commission wherein the Commission had admitted that the panel and the waiting list for the posts of 'Group-C' and 'Group-D' expired on 4th May, 2019. A notification published by the West Bengal Central School Service Commission on September 2, 2019 also makes a similar assertion, the Court noted.

Justice Abhijit Gangopadhyay observed,

"I direct the Secretary of the West Bengal Central Service Commission to be present personally with copies of all recommendation letters of the candidates in the bunch of papers handed over to the Commission by the learned advocate for the petitioners. The Secretary should come prepared to certify the copies of the recommendation letters as true copies thereof."

It was further opined that pursuant to Section 16 of the West Bengal School Service Commission Act, 1997 the Central Commission has control over the Regional Commissions and the Regional Commissions are subordinate to the Central Commission. Referring to the report filed by the West Bengal Central Service Commission, Justice Gangopadhyay remarked that it appears that the Central Commission has 'lost control' over the Regional Commission.

"From the said affidavit it is also found that the Commission wanted to know from the concerned Regional Commissions as to how three candidates were recommended from the expired panel but got no reply from the concerned region. This shows that the Central Commission has lost all control or has no control over the particular Regional Commission", the Court observed further. 

Furthermore, the Court also took on record a bunch of 25 appointment letters issued by the West Bengal Board of Secondary Education containing reference of recommendations issued by different regions like Western Region, Northern Region, Southern Region and Eastern Region. The counsel for the petitioner alleged that these candidates have been recommended after expiry of the panel.

"I direct the Secretary of the West Bengal Central School Service Commission to whom copies of all such appointment letters were sent by the West Bengal Board of Secondary Education to produce all the recommendation letters of the candidates in this bunch of documents tomorrow", the Court further directed.

The petitioners were also directed to file an affidavit by Wednesday stipulating in a tabular form the names of the candidates of these twenty-five persons who have been recommended, in the posts of 'Group-C' and 'Group-D', the date of recommendation and the regions as understood from the references of recommendation letters for giving appointment

Case Title: Sandeep Prasad & Ors v. State of W. B. & Ors

Click Here To Read/Download Order