Supreme Court Nullifies CBI Inquiry into Bengal's Supernumerary School Posts
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Synopsis
On April 8, the Supreme Court nullified the Calcutta High Court's directive for a CBI investigation into the establishment of supernumerary positions in Bengal's state-run schools. The ruling affects over 25,000 appointments and raises questions about the legitimacy of the recruitment process.
Key Takeaways
- The Supreme Court has overturned the Calcutta High Court's order.
- CBI investigation into supernumerary posts is halted.
- The legitimacy of over 25,000 school appointments is questioned.
- Chief Minister Mamata Banerjee may face scrutiny.
- The court emphasized large-scale fraud in the selection process.
New Delhi, April 8 (NationPress) The Supreme Court has overturned the ruling issued by the Calcutta High Court, which had mandated the Central Bureau of Investigation (CBI) to investigate the establishment of supernumerary positions within state-run schools.
These teaching and non-teaching roles, which have been controversial since their inception, are believed to allow for the admission of ineligible candidates recruited unlawfully.
With this recent ruling from the apex court, the investigative agency is prohibited from examining the legitimacy of the decision to create supernumerary posts.
The SC emphasized that its ruling does not prevent the CBI from exploring other facets of the school job scandal as per the Calcutta High Court's directive.
The opposition party, BJP, has suggested that Chief Minister Mamata Banerjee could be implicated in the investigation since she, as the head of the Cabinet, bears responsibility for the establishment of these supernumerary posts.
On the previous day, the Leader of Opposition in the state Assembly, Suvendu Adhikari, remarked that following Om Prakash Chautala of Haryana, Mamata Banerjee could become the second Indian state chief minister to face incarceration in an education-related scandal.
In a ruling from April of last year, the Calcutta High Court annulled the appointments of 25,753 teaching and non-teaching positions in state-run schools, instructing those selected from expired panels to return all salaries received during their tenure, along with an annualized interest of 12 percent.
Taking note of the state Cabinet's decision to create supernumerary posts, the Calcutta HC indicated that the CBI could, if necessary, interrogate those behind the decision to create positions beyond the available vacancies.
In response, the West Bengal government filed a special leave petition with the Supreme Court. On May 7, 2024, a bench led by then CJI D.Y. Chandrachud allowed the CBI to proceed with its investigation into the alleged scam but restricted the agency from taking any coercive measures against government officials.
Last week, the Supreme Court upheld the Calcutta HC's ruling nullifying 25,753 appointments in teaching and non-teaching roles made by the West Bengal School Service Commission (WBSSC) in 2016.
“We believe this situation indicates that the entire selection process has been fundamentally flawed and corrupted beyond remedy. Large-scale manipulations and frauds, combined with attempted cover-ups, have irreparably damaged the selection process and rendered any partial redemption impossible. The credibility and legitimacy of the selection process are severely compromised,” stated a bench comprising Chief Justice of India (CJI) Sanjiv Khanna and Justice Sanjay Kumar of the apex court.
