Did the Calcutta HC Overturn Bengal's Move to Establish Supernumerary Posts for Upper Primary Teachers?
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Synopsis
In a landmark ruling, the Calcutta High Court has invalidated the West Bengal government's attempt to create supernumerary posts for upper primary teachers, emphasizing the legal restrictions surrounding such appointments. The decision has significant implications for the state's education system and teacher recruitment processes.
Key Takeaways
- The Calcutta High Court has annulled the creation of 1,600 supernumerary posts for teachers.
- Justice Biswajit Basu emphasized legal restrictions on such appointments.
- Supernumerary posts can only be created under special circumstances.
- The West Bengal government's notifications were deemed unlawful.
- This ruling could influence future teacher recruitment practices.
Kolkata, Dec 4 (NationPress) - The Calcutta High Court has annulled the decision made by the West Bengal Education Department to establish 1,600 supernumerary posts for upper primary teachers across various state-run schools in the region.
In the judgment, Justice Biswajit Basu of the single-judge bench noted that the creation of supernumerary positions is not permissible for routine appointments of primary educators.
Justice Basu indicated that such posts can only be established under circumstances of special necessity.
The state’s Education Department had issued two notifications, the first on May 19, 2022, followed by another on October 14 of the same year, which aimed to recruit upper-primary teachers for physical education and work education from the waiting lists through the formation of these 1,600 supernumerary posts.
The legality of this decision was contested in the Calcutta High Court, and after extensive deliberations, Justice Basu's bench ultimately nullified the two notifications related to the supernumerary posts.
Previously, in 2022, the court had imposed an interim stay on the establishment of these posts for upper primary teachers. The matter was also escalated to the Supreme Court, which chose not to intervene.
Subsequently, the West Bengal government sought the Calcutta High Court to lift the interim stay. On May 7, this year, Justice Basu upheld the stay order. The state then petitioned a division bench led by Justices Soumen Sen and Smita Das against Justice Basu's ruling.
However, the division bench also affirmed the interim stay, leading to the case being referred back to Justice Basu's bench.
Ultimately, on Thursday, the single-judge bench invalidated the state government's decision to create supernumerary posts within various state-run schools.
Point of View
This ruling by the Calcutta High Court reflects the judiciary's role in ensuring adherence to legal frameworks within educational systems. It underscores the importance of maintaining transparency and adherence to established regulations in recruitment processes. NationPress believes in fostering an informed discourse around such significant judicial decisions.
NationPress
04/12/2025
Frequently Asked Questions
What are supernumerary posts?
Supernumerary posts are additional positions created temporarily in an organization, often in response to specific needs, but they are not intended for regular appointments.
Why did the Calcutta High Court annul the creation of these posts?
The court ruled that supernumerary posts cannot be established for regular appointments unless there is a special requirement under unique circumstances.
What is the significance of this ruling?
This ruling emphasizes the importance of legal compliance in educational appointments and may impact future hiring practices within the state's education system.
What has been the response from the West Bengal government?
The West Bengal government had sought to lift the interim stay imposed by the court but ultimately faced setbacks in their attempts to create these posts.
