Daijiworld Media Network – New Delhi
New Delhi, Apr 3: The Supreme Court on Thursday upheld the Calcutta High Court’s ruling that invalidated 25,753 teaching and non-teaching appointments made by the West Bengal School Service Commission (WBSSC) in 2016, citing large-scale fraud and procedural manipulation.
A bench comprising Chief Justice of India (CJI) Sanjiv Khanna and Justice Sanjay Kumar observed that the selection process had been compromised beyond repair due to extensive irregularities and a subsequent cover-up attempt. The court stated that the credibility of the recruitment process had been completely eroded, making its cancellation necessary.
While disposing of multiple petitions, including the West Bengal government’s appeal, the Supreme Court upheld the termination of the affected candidates but modified certain directives of the Calcutta High Court. It ruled that while those already employed would lose their jobs, they would not be required to refund their salaries.
The bench maintained that any appointment obtained through fraudulent means was equivalent to cheating and could not be upheld. The top court also ruled that since the entire selection process was nullified due to widespread violations, even candidates not explicitly found guilty of wrongdoing would have their appointments cancelled.
The court provided some relief for previously employed candidates, allowing them to return to their former departments or autonomous bodies, provided such positions were available. It directed that their applications must be processed within three months, and if necessary, supernumerary posts could be created to accommodate them. The court further assured that their seniority and benefits would remain intact, and their service period would not be considered broken. However, the state government would not be liable to pay wages for the period they were employed under the disputed appointments.
The Supreme Court also made an exception for disabled candidates, allowing them to continue receiving wages until fresh recruitment was completed. Additionally, these candidates, along with others who were not directly implicated, would be eligible to participate in the new selection process with age relaxations and other concessions.
The court scheduled a separate hearing on April 4 to review the Central Bureau of Investigation’s (CBI) probe into the creation of supernumerary posts by the West Bengal government.
Earlier, in May 2024, a bench led by then CJI D.Y. Chandrachud had stayed the Calcutta High Court’s order canceling the appointments but permitted the CBI to continue its investigation without taking coercive action against candidates or officials.
In its April 2024 ruling, the Calcutta High Court had nullified the appointments of candidates selected from expired panels, directing them to return their salaries with 12 percent annual interest. The court had also ordered the WBSSC to restart the recruitment process and instructed the CBI to continue its probe into the scam. It had further authorized the investigation agency to scrutinize the state government's role in creating supernumerary posts, which were allegedly used to accommodate ineligible candidates.
The Supreme Court had previously intervened in July 2023, setting aside an interim Calcutta High Court order that terminated 32,000 primary teachers and instructed the state to complete fresh recruitment within three months. It had also emphasized the importance of fair hearings for all involved in the case.