Ruling that the entire selection process made by the West Bengal School Service Commission in 2016 is “vitiated and tainted by fraud”, Supreme Court directed the Bengal government to initiate a fresh selection process within three months.
The Supreme Court, on April 3, upheld the Calcutta High Court’s decision to annul the appointments of 25,753 teachers and non-teaching staff made by the West Bengal School Service Commission (SSC) in 2016, citing large-scale irregularities and fraud. The apex court also directed the Bengal government to initiate a fresh selection process within three months.
A bench comprising Chief Justice of India Sanjiv Khanna and Justice Sanjay Kumar ruled that “the entire selection process is vitiated and tainted by fraud,” making it impossible to salvage. “The process is tainted beyond repair. The legitimacy of the selection process is denuded due to widespread manipulation and fraud,” Justice Khanna stated while delivering the verdict.
The judgment, however, provided some relief to the affected staff, stating that they would not be required to return the salaries they had earned until their termination. Justice Khanna clarified that any service rendered after termination would not be considered valid employment tenure.
The Supreme Court mandated that the Bengal government and the SSC launch a fresh recruitment process and complete it within three months. It allowed room for the untainted candidates from the 2016 hiring process to be given some relaxation in the fresh selection drive.
The court also set April 4 as the date to hear the Special Leave Petition filed by the West Bengal government challenging the High Court’s directive for a Central Bureau of Investigation (CBI) probe into the matter. Earlier, the Supreme Court had permitted the CBI investigation to continue but restrained authorities from taking coercive action.
On April 22, 2024, the Calcutta High Court declared the 2016 recruitment of SSC teachers and non-teaching staff null and void, ordering those appointed to return their salaries with interest. The court mandated a fresh hiring process within 15 days.
Justice Debangsu Basak’s bench found that Optical Mark Recognition (OMR) sheets for Group C, Group D, and Classes 9 and 10 were tampered with to manipulate the selection. The court ruled that the recruitment process was illegal as the names of candidates were illicitly included in the final panel.
The West Bengal government contested the High Court’s sweeping order, arguing that it failed to distinguish between legitimate and fraudulent appointments. “Instead of separating the grain from the chaff, the Hon’ble Court has painted the entire selection process with the same brush of irregularity,” the state argued in its appeal.
The government warned that the cancellation would create a massive staffing crisis in state-run schools, especially with the academic session on the brink. It also criticized the High Court for passing the ruling based on oral submissions, without a substantive affidavit on record.
With the Supreme Court now mandating a fresh recruitment drive, the Bengal government faces the enormous task of filling thousands of teaching and staff vacancies while ensuring a transparent and corruption-free process.
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