Is the Calcutta HC's Decision to Scrap 1,600 Supernumerary Upper Primary Teacher Posts Being Challenged?
Synopsis
Key Takeaways
- The Calcutta High Court annulled 1,600 supernumerary posts for teachers.
- Aspirants are challenging this decision in a division bench.
- Supernumerary posts can only be created under exceptional circumstances.
- The case reflects ongoing debates about educational employment in West Bengal.
- The next hearing is set for next week.
Kolkata, Dec 19 (NationPress) A collective of individuals aspiring for primary teacher positions in state-run schools of West Bengal approached a division bench of the Calcutta High Court on Friday, contesting a prior ruling from a single-judge bench that annulled the state Education Department’s initiative to establish 1,600 supernumerary posts for upper primary educators.
On December 4, Justice Biswajit Basu of the single-judge bench invalidated the government’s decision to create these supernumerary positions, asserting that such posts were not suitable for regular appointments of primary teachers.
Justice Basu further noted that supernumerary posts could only be justified under specific conditions and exceptional needs.
The division bench, consisting of Justice Tapabrata Chakraborty and Justice Reetobroto Kumar Mitra, has accepted the appeal against the single-judge decision, with hearings set for next week.
The West Bengal Education Department had issued two notifications—initially on May 19, 2022, followed by another on October 14 of the same year—regarding the recruitment of upper primary teachers in physical education and work education from waiting lists through the establishment of these 1,600 supernumerary posts.
These notifications faced legal challenges in the Calcutta High Court. After extensive hearings, Justice Basu’s bench nullified both notifications, declaring that creating supernumerary posts for such appointments was not legally viable.
It’s important to recall that in 2022, the Calcutta High Court had placed an interim stay on the establishment of these 1,600 supernumerary posts. This matter was subsequently escalated to the Supreme Court.
However, the Supreme Court opted not to intervene, prompting the West Bengal government to return to the Calcutta High Court to request the lifting of the interim stay.
On May 7 this year, Justice Basu upheld the interim stay on the creation of these supernumerary positions.
The state government then appealed to a division bench featuring Justice Soumen Sen and Justice Smita Das regarding the continuation of the interim stay. This division bench also chose not to interfere, thus preserving the stay and sending the matter back to Justice Basu’s single-judge bench.
Ultimately, on December 4, Justice Basu annulled the state government's decision to establish 1,600 supernumerary posts for upper primary teachers in state-run schools throughout West Bengal.