Supreme Court Affirms Cancellation of Over 25,000 Bengal School Jobs, Adjusts Calcutta HC Rulings

Synopsis
Key Takeaways
- Supreme Court supported the cancellation of 25,753 WBSSC appointments.
- Adjustments were made to Calcutta HC's previous orders.
- CBI investigation into super-numeric posts remains ongoing.
- Candidates must return salaries drawn during their tenure.
- Fresh recruitment processes to be initiated by WBSSC.
New Delhi, April 3 (NationPress) The Supreme Court on Thursday affirmed the Calcutta High Court's decision to annul 25,753 appointments within teaching and non-teaching roles executed by the West Bengal School Service Commission (WBSSC) back in 2016.
In resolving a set of petitions, which included an appeal from the West Bengal government, a Bench led by Chief Justice of India (CJI) Sanjiv Khanna and Justice Sanjay Kumar introduced some adjustments to the directives previously issued by the Calcutta High Court.
“The integrity and authenticity of the selection process have been compromised. Thus, we have proceeded to implement certain modifications to the orders given by the Calcutta HC,” stated the apex court.
Furthermore, it mentioned that the challenge to the CBI investigation concerning the establishment of super-numeric posts by the West Bengal government is set for a hearing on April 4.
On May 7, 2024, a Bench led by then CJI D.Y. Chandrachud temporarily halted the enforcement of the contested order from the Calcutta High Court that had invalidated school positions.
That Bench permitted the Central Bureau of Investigation (CBI) to persist with its inquiries into the alleged scam but limited the agency from executing any coercive actions against candidates or officials.
In an order issued in the third week of April 2024, the Calcutta High Court invalidated the appointments of candidates chosen from expired panels, instructing them to return all salaries earned during their tenures, plus an annual interest of 12 percent, within four weeks.
Additionally, the WBSSC was ordered to initiate the recruitment process anew, as the Division Bench consisting of Justices Debangsu Basak and Shabbar Rashidi also mandated the investigative agency to continue its inquiry into the situation.
Cognizant of the state Cabinet's resolution on the creation of super-numeric posts, it stated that the CBI, if required, could interrogate those responsible for establishing positions beyond the number of vacancies.
These super-numeric positions, which have been under scrutiny since their inception, are believed to provide opportunities for the recruitment of ineligible candidates through illicit means.
In July 2023, the apex court nullified an interim order from the Calcutta High Court that had dismissed the services of 32,000 primary teachers and instructed the West Bengal authorities to finalize the recruitment process for the newly established vacancies within three months.
In urging the Calcutta High Court to expedite its decision on the appeal related to the school-jobs-for-cash scandal, the Supreme Court emphasized the necessity of allowing a hearing for all involved parties.