SC annuls appointment of 25,753 teachers, staffers in Bengal schools

New Delhi: The Supreme Court on Thursday invalidated the appointment of 25,753 teachers and staffers in the Bengal government-run and aided schools, calling the entire selection process “vitiated and tainted”.

A bench comprising Chief Justice of India (CJI) Sanjiv Khanna and Justice Sanjay Kumar upheld a Calcutta High Court verdict of April 22, 2024, annulling the appointments and said the tainted candidates should refund their “salaries/payments received”.

“This is a case wherein the entire selection process has been vitiated and tainted beyond resolution. Manipulations and frauds on a large scale, coupled with the attempted cover-up, have dented the selection process beyond repair and partial redemption. The credibility and legitimacy of the selection are denuded,” said the 41-page judgement authored by the CJI.

The verdict went on, “We find no valid ground or reason to interfere with the direction of the high court that the services of tainted candidates, where appointed, must be terminated, and they should be required to refund any salaries/payments received. Since their appointments were the result of fraud, this amounts to cheating. Therefore, we see no justification to alter this direction.”

For candidates, who were untainted, it said the selection process was rightly declared null and void due to the “egregious violations and illegalities” as it violated Articles 14 (equality before the law) and 16 (equality of opportunity in matters of public employment) of the Constitution.

“As such, the appointments of these candidates are cancelled. However, candidates who are already employed need not be asked to refund or restitute any payments made to them. However, their services will be terminated. Furthermore, no candidate can be appointed once the entire examination process and results have been declared void,” it held.

The top court gave relief to such employees who were not in the category of tainted candidates and had previously worked in other state departments or with autonomous bodies.

“In such cases, although their appointments are cancelled, these candidates will have the right to apply to their previous departments or autonomous bodies to continue in service with those entities,” it said.

The bench directed the state government to process their job pleas in three months.

“Further, the period between the termination of their previous appointment and their rejoining will not be considered a break in service. Their seniority and other entitlements will be preserved, and they will be eligible for increments,” it added.

However, for the period such persons were employed under the disputed appointment, no wages would be paid by the state or autonomous bodies, it said.

“Further, if required and necessary, supernumerary posts may be created for persons appointed in the interregnum,” the court said.

Addressing the issue of disabled candidates, the bench noted the high court held one Soma Das to continue on humanitarian grounds.

“While we will not interfere with this finding, we make it clear that other differently-abled candidates will not be entitled to the same benefit, as it would contradict legal principles and the rule of law. However, in consideration of their disability, these candidates will be permitted to continue and will receive wages until the fresh selection process and appointments are completed,” it said.

The disabled candidates, the court said, would be allowed to participate in the fresh selection process, if required, with age relaxation and other concessions.

“Similarly, other candidates who are not specifically tainted will also be eligible to participate, with appropriate age relaxation. In our opinion, such a direction would be fair and just, as it would allow these candidates to take part in the fresh selection process, which should now be initiated to fill the vacancies,” the bench said.

The court, however, did not specify a time limit for the fresh selection process.

The top court said its observations and findings wouldn’t not influence the ongoing criminal proceedings.

“Accordingly, we uphold the impugned judgment cancelling en bloc/entire selection process but have made certain modifications in the directions issued by the high court.” it held. The bench said it would independently take up the issue raised by the state government on the CBI investigation.

Citing irregularities such as OMR sheet tampering and rank-jumping, the high court had invalidated the appointment of 25,753 teachers and non-teaching staff in state-run and state-aided schools in Bengal.

The case stemmed from the alleged irregularities in the 2016 recruitment process conducted by the Bengal SSC in which 23 lakh candidates appeared for 24,640 posts and a total of 25,753 appointment letters were issued. The apex court had called it a “systemic fraud”.

Former Bengal education minister Partha Chatterjee and Trinamool Congress MLAs Manik Bhattacharya and Jiban Krishna Saha are among the accused being probed in the recruitment scam. with agency inputs