SC quashes appointment of 25,753 teachers, other staff in West Bengal

In a severe setback to the West Bengal Government, the Supreme Court on Thursday quashed the appointment of 25,753 teachers and other staff in state-run and state-aided schools, holding that their selection process "vitiated and tainted" on account of “large-scale manipulation and tampering with results”.

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“In our opinion, this is a case wherein the entire selection process has been vitiated and tainted beyond resolution. Manipulations and frauds on a large scale, coupled with the attempted cover-up, have dented the selection process beyond repair and partial redemption. The credibility and legitimacy of the selection are denuded,” a Bench led by Chief Justice of India Sanjiv Khanna said.

Upholding the Calcutta High Court’s April 22, 2024, verdict annulling these appointments, the top court concluded that there was “large-scale manipulation and tampering with results, including rank-jumping, discrepancies in marks, the issuance of appointment letters to candidates not on the panel, and appointments made beyond the panel's validity period.”

“We find no valid ground or reason to interfere with the direction of the High Court that the services of tainted candidates, where appointed, must be terminated, and they should be required to refund any salaries/payments received. Since their appointments were the result of fraud, this amounts to cheating. Therefore, we see no justification to alter this direction,” it said.

“We uphold the impugned judgment cancelling en bloc/entire selection process but have made certain modifications in the directions issued by the high court,” it said.

Indicting the West Bengal School Service Commission (WBSSC), the Bench said, “The contradictory stance of WBSSC on the possession and destruction of scanned/mirror copies of the OMR sheets reflect an attempt to cover up illegalities and lapses in the selection process.”

It said, “The cover up itself has made the verification and ascertainment more difficult or rather impossible given the scale of camouflage and dressing up done at each stage. We are convinced that the entire selection process was intentionally compromised due to the illegalities involved.”

The top court said that no candidate can be appointed once the entire examination process and results had been declared void. “However, candidates who are already employed need not be asked to refund or restitute any payments made to them,” said the Bench — which also included Justice Sanjay Kumar.

The top court ordered the West Bengal government to initiate a fresh selection process and complete it in three months. It said petitions challenging the Calcutta High Court’s order for a CBI probe into the quashed appointments would be heard on April 8.

Reacting to the verdict, West Bengal Chief Minister Mamata Banerjee said she can't accept the top court’s verdict even as she said she will abide by it. “While I have the highest respect for the judiciary and judges, I cannot accept the judgment from a humanitarian point of view. As a citizen of this country, I have every right to an opinion. I respect the judge and the judiciary, but I can't agree with the judgment,” Banerjee said.

“We have to accept the judgment and do whatever is legally possible. The SSC (School Service Commission) is an autonomous body. We, as the state government, will not interfere in their work. We will abide by the court's verdict,” she said.

The top court’s order came on petitions challenging the April 22 Calcutta High Court order invalidating the appointment of 25,753 teachers and non-teaching staff.  The West Bengal Government had challenged the high court order cancelling the appointments, terming it "arbitrary".

The Supreme Court on May 7 last year stayed a Calcutta High Court order quashing these appointments even as it allowed the CBI to go ahead with its probe.

Noting that some of the appointed candidates who do not fall within the category of tainted candidates may have previously worked in different departments of the state government or with autonomous bodies, etc, the Bench said, “In such cases, although their appointments are cancelled, these candidates will have the right to apply to their previous departments or autonomous bodies to continue in service with those entities.

“These applications must be processed by the respective government departments or bodies within three months, and the candidates will be allowed to resume their positions. Further, the period between the termination of their previous appointment and their re-joining will not be considered a break in service.

“Their seniority and other entitlements will be preserved, and they will be eligible for increments. However, for the period they were employed under the disputed appointment, no wages will be paid by the state government or autonomous bodies. Further, if required and necessary, supernumerary posts may be created for persons appointed in the interregnum,” it said.

While allowing Soma Das – a differently-abled selected candidate — to continue on humanitarian grounds, the Bench clarified that other differently-abled candidates will not be entitled to the same benefit, as it would contradict legal principles and the rule of law. “However, in consideration of their disability, these candidates will be permitted to continue and will receive wages until the fresh selection process and appointments are completed,” it said, adding they may be given age relaxation and other concessions, if required.