SLST Recruitment Scam | Calcutta High Court Orders CBI Probe Into Alleged Illegal Appointment Of Asst. Teachers In WB

The Calcutta High Court on Monday directed the Central Bureau of Investigation (CBI) to probe into the alleged illegal appointment of assistant teachers pertaining to the West Bengal State Level Selection Test (SLST) for Class 9 and Class 10 teachers.

The Court had earlier ordered the cancellation of appointment of six assistant teachers in the Murshidabad district after noting that they had been illegally appointed pursuant to the illegal recommendation of the West Bengal School Service Commission (WBSSC).

Justice Abhijit Gangopadhyay on Monday handed over the investigation into the matter to the CBI and directed that the probe should be conducted under the supervision of an officer not below the rank of a Joint Director and accordingly observed, 

"I direct the Director, Central Bureau of Investigation to constitute a committee, headed by an officer not below the rank of a Joint Director, with officers not below the rank of DIG to initiate the enquiry. It is expected that no person connected with the matter will be left out of this enquiry."

Opining that the police authorities are controlled by the State machinery and that an independent agency is required to impartially probe into the allegations, the Court further noted, 

"It is not that, I do not have any confidence upon the Police of this State. But the Police is controlled by the State and in effect they are chained by orders from different quarters. Otherwise I have the belief that the Kolkata Police or the Police of the State is fully capable to inquire into the matter. Therefore, I am directing the CBI to hold this enquiry which has happened in this State, by statutory authority of this state, as an agency outside the control of this State."

The Court further remarked 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. Accordingly, the Court directed the CBI to enquire into the involvement of such persons and also the possibility of a money trail and submit a preliminary report by March 28. 

"CBI shall also enquire about the involvement of the persons, invisible now, under whose hands the officers of the Commission, if at all, danced like a puppet and committed illegality. CBI shall also enquire whether there is any money trail in respect of such appointments when admittedly, as appears from the aforesaid report of the Chairman (who is a new one in the Commission and has given a fair report to this Court) the appointed persons were not at all in the panel or in the waitlist..I believe that CBI will not leave any stone unturned while enquiring the matter. It is to be known who is the mastermind in this dirty game", the Court underscored further. 

It was also noted that it is 'extremely upsetting' that candidates had been appointed as Assistant Teachers when their names were not in the list – either the panel or the waitlist. The Court emphasised that unless a person is either in the panel or in the waitlist, it is not possible for a statutory authority such as the School Service Commission to recommend the candidate which is unfortunately what took place in the instant case. 

Opining further that officers of the School Service Commission had engaged in corruption, the Court observed,

" I am of a prima facie view that unless corrupt practices have been committed by the School Service Commission's responsible officers, such illegalities could not happen. It is also to be seen for the sake of keeping the sanctity of recruitment process in any employment under the Government that the process remains transparent and no question can be raised in respect of the process.."

The Court also took on record the enquiry report filed by the Chairman of the Central School Service Commission wherein it has been stated that the concerned candidate's were neither in the merit list nor in the waiting list and therefore could not have been recommended  for appointment for the post of Assistant Teacher for classes 9 & 10. It was further stated that such recommendation had been extended by the Commission 'by mistake'. 

In a similar matter, Justice Gangopadhyay last week had come down heavily on the Commission by observing that such illegally recruited candidates had been recommended by the Commission not due to a 'mistake' but because of a 'deliberate illegal action' on the part of the Commission. 

"Though the School Service Commission has taken shelter under the expression 'mistake', this court wholly disbelieves such shroud of the Commission now placed on its face. This cannot be a mistake. These are deliberate illegal action otherwise the wait-listed candidates in serial nos. 229, 242, 250, 265, 289 and 302 could not have been recommended selectively by the Commission", the Court had further observed in its order dated February 21. 

The matter is slated to be heard next on March 28 at 12:30 pm. 

Case Title: Nasrin Khatun v. The State of West Bengal & Ors

Case Citation: 2022 LiveLaw (Cal) 61

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