West Bengal SSC scam: SC sets aside high court order for CBI probe into supernumerary posts

In a relief to the Mamata Banerjee government, the Supreme Court on Tuesday set aside the Calcutta High Court’s order for a CBI probe into the West Bengal Cabinet's decision to create supernumerary 6,861 posts of teaching and non-teaching staff in state-run and aided schools.

A Bench led by Chief Justice of India Sanjiv Khanna, however, said the CBI probe into other aspects related to the appointment of 25,753 teachers and non-teaching staff in state-run and aided schools shall continue.

In a severe setback to the West Bengal Government, the top court had on April 3 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”.

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.”

However, regarding the supernumerary posts created by the state Cabinet, the CJI on Tuesday said, “We take note of Article 74 and 163 (3), which specifically states that the question whether any and if so what advice was taken by the Cabinet of ministers to the aid and advice of the Governor shall not be inquired into in any court, the aforesaid direction is set aside.”

On April 3, it had said that the issue of supernumerary posts would be taken up on April 8.