The Calcutta High Court on Monday (22nd April) declared all appointments null and void in the selection of candidates in West Bengal government-sponsored and aided secondary and higher secondary schools through a 2016 recruitment process. The court has ordered the School Service Commission (SSC) to conduct fresh recruitments. Notably, over 23 lakh candidates had appeared for the SLST 2016 for 24,640 vacant posts.
The Calcutta High Court bench comprising Justices Debangsu Basak and Md. Shabbar Rashid also reprimanded CM Mamata Banerjee-led government in West Bengal saying that despite being aware of the irregularities, the state government decided to protect employment obtained fraudulently.
“It is shocking that, at the level of the Cabinet of the State government, a decision is taken to protect employment obtained fraudulently in a selection process conducted by SSC for State-funded schools, knowing fully well that such appointments were obtained beyond the panel and after expiry of the panel, at the bare minimum,” the court said.
“Unless there is a deep connection between the persons perpetuating the fraud and the beneficiaries with people involved in the decision-making process, such action to create supernumerary posts to protect illegal appointments is inconceivable, the High Court bench added.
The court further ordered that those who were recruited illegally will have to return their salary within six weeks. All appointments by the SSC in the categories of teachers of classes 9, 10, 11 and 12 and group-C and D staffers through the State Level Selection Test-2016 (SLST) where irregularities were found have also been declared null and void.
“All appointments granted in the selection processes involved, being violative of Articles 14 and 16 of the Constitution of India, are declared null and void and cancelled. We would rather have persons of integrity appointed as teachers through an untainted selection process rather than expose students to elements securing appointments through an unscrupulous selection process,” the court said.
The Calcutta HC has also instructed the administration to take action on fresh appointments in the next 15 days. One exception in the matter has been mentioned by the court in the case of Soma Das, a cancer victim. The court ruled that Das’ job will remain safe.
Advocate Vikram Banerjee told ANI, “Particularly, the tender process was given to a blacklisted company, namely NYSA and that process is illegal. The number of illegal appointees cannot be detected, in view of which the entire selection process has been cancelled. The beneficiaries of this illegal process must refund their salaries. The district collectors of all districts in West Bengal have been directed to start the recovery process within four weeks. A fresh selection process must be started. A fresh tender must be publicly advertised.
“During the process, a super-numerical post was created by the state of West Bengal. Given the illegal appointees, the state of Bengal tried to accommodate them, but this was purely illegal. The Division Bench has directed to investigate and find out who created the super-numerical post. If necessary, the influential person will be taken into custody by CBI,” he added.
The court pronounced its judgement after hearing petitions and appeals relating to alleged irregularities in the selection of candidates in the 2016 recruitment process. A division bench, formed by the Chief Justice of the High Court at the direction of the Supreme Court, was hearing the matter. The hearing in the matter was concluded on March 20 and judgement was reserved by the division bench.
Meanwhile, CM Mamata Banerjee has come out in support of those who fraudulently obtained the jobs and declared the Calcutta High Court’s order as “illegal”.
Speaking at a rally in Raniganj, CM Banerjee said: “Our government will stand for those who lost their jobs and we will appeal before a higher court. We will ensure you get justice, and challenge the order in a higher court. It is not mandatory to accept all verdicts. This order was passed as per the BJP’s instructions amid the elections.”
The West Bengal School Service Commission teacher recruitment scam came to light after the arrest of Bengal BJP leader Partha Chatterjee, a Trinamool Congress leader who served as the education minister in Mamata Banerjee’s cabinet until his arrest on July 23, 2022.
Earlier on February 16, a team of the Enforcement Directorate conducted raids on close associates of Partha Chatterjee in Kolkata. Chatterjee was arrested after Rs 21 crore in cash and jewellery worth above Rs 1 crore was recovered from the Kolkata residence of Arpita Mukherjee, a close aide of the former education minister. Chatterjee and his aide Arpita Mukherjee, are facing a probe into the West Bengal School Service Commission.
(With inputs from ANI)
