WB Teacher Recruitment Case : Supreme Court Gives Final Opportunity To Respondents To File Counter To Pleas Of Bengal Govt, SSC & Others

The Supreme Court today (July 16) adjourned the hearing of the challenge to the Calcutta High Court's Order which had set aside appointments of nearly 25,0000 school teachers made by the West Bengal School Service Commission (WB SSC). 

The bench led by CJI Chandrachud and Justices JB Pardiwala and Manoj Misra, hearing the petitions filed by the State of West Bengal, WB SSC and the affected candidates, directed the respondents (the original writ petitioners before the High Court) to file their counter affidavits within  2 weeks, failing which their right to file counter would exhaust. These respondents had challenged the appointments made by WBSSC as against them. The jobs had come under the scanner due to the infamous cash-for-jobs recruitment scam

The order dictated by the bench read as follows: 

"No counter affidavit has been filed till date. In the event that any of the respondents seek to file their counters, they shall do so on or before 2 weeks, if no counter is filed then the right to file counter affidavit shall stand closed and the proceedings shall be conducted on the basis of the record as it stands." 

The Court also recorded 5 main categories of stakeholders in the present case to ensure ease of hearing and clarity of facts. These include : 

(1) West Bengal Government; (2) WBSSC; (3)Original Petitioners - who were not selected (representing classes 9-10, 11-12, groups C and D); (4) persons whose appointments are cancelled by the High Court ; (5) Central Bureau of Investigation  

The Court also specified that the Counsels representing any of the above categories can file their written submissions not exceeding 5 pages. However, it was also clarified that any other party apart from the above 5 categories will be free to present their case before the bench. 

Additionally to better assist the Court, the bench appointed 4 nodal counsels who are : 

Advocates (1) Astha Sharma; (2) Shalini Kaul; (3) Kunal Chatterjee;  and (4) Shekhar Kumar

The nodal counsels have been directed to file a common compilation and circulate its electronic form across all the concerned counsels within 2 weeks.  It was further clarified that only one main counter affidavit shall be filed in the lead matter.  The matter will be heard next after 3 weeks.

On the previous hearing, the Top Court had passed an interim order protecting the appointments made in pursuance of the alleged West Bengal SSC recruitment scam, stating that those appointees whose appointments are found to be illegal shall be liable to refund their salaries.

The top court has also permitted the CBI to continue its probe to determine the officials involved but precluded the agency from taking any coercive steps. 

The High Court had directed CBI to undertake further investigation and interrogate all persons who had received appointments after the expiry of the panel and after submitting blank OMR sheets. The state had also asked the central probe agency to undertake further investigations concerning the persons involved in the State Government, approving creation of supernumerary post to accommodate illegal appointments. 

The interim protection was first granted by the Supreme Court on November 9, 2023 in another case (Achinta Kumar Mondal vs Laxmi Tunga). 

Background

On April 22, the Calcutta High Court invalidated these jobs across government and aided schools. The jobs came under the scanner due to the infamous cash-for-jobs recruitment scam.

The State has argued that the High Court, instead of segregating the valid appointments from the invalid ones, has erroneously set aside the 2016 selection process entirely. It has also been averred that this will affect around 25,000 teaching and non-teaching staff in the State.

It has also been pleaded that the High Court solely relied upon the oral arguments without the support of affidavits. Further, it has been argued that the High Court has acted in utter disregard of the fact that the same will result in a huge vacuum in the State Schools unless a new selection process is completed. The State has emphasized that this will adversely impact the students given that the new academic session is approaching.

The State has also assailed the impugned order on the ground that it ordered the SSC to conduct a new selection process for declared vacancies within two weeks of the upcoming election results without acknowledging the understaffing issue in schools.

Findings Of The High Court

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.

Not only this, but the Court also directed the appointees, who were recognised to have been fraudulently appointed, to return the salary they had drawn.

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 were 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.

In view of the above projection, the Court had also directed an investigation into those who perpetrated the fraud and disposed of the pleas by cancelling the entire 2016 SSC Recruitment Panel. 

Case Details : THE STATE OF WEST BENGAL vs. BAISHAKHI BHATTACHARYYA (CHATTERJEE) SLP(C) No. 009586 - / 2024

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