Bengal School-Jobs Row: SC to hear pleas against invalidation of 25,753 jobs on Monday

NEW DELHI: The Supreme Court is slated to hear on Monday a batch of pleas challenging a Calcutta High Court verdict that has invalidated the appointment of 25,753 teachers and non-teaching staff in government and aided schools in West Bengal. According to the cause list for the day uploaded on the apex court's website, a bench of Chief Justice Sanjiv Khanna and Justice Sanjay Kumar is scheduled to hear the matter.

On January 15, several petitioners argued that the high court verdict nullifying the appointment of 25,753 teachers and non-teaching staff in government and aided schools in West Bengal has adversely impacted the lives and livelihoods of untainted candidates. The CJI acknowledged the arguments and reiterated the need for a balance between addressing illegalities and protecting untainted appointees. He said segregation of cases, wherever possible, may be prioritised to protect innocent candidates.

A total of 124 petitions, including one filed by the state government, challenging the April 2024 high court verdict are pending before the top court. While hearing arguments in the matter in December last year, the Supreme Court questioned the West Bengal government as to why did it create supernumerary posts of teachers and non-teaching staff, instead of weeding out those who were allegedly appointed illegally. On May 7 last year, the apex court stayed the high court's order over the appointments made by the state's School Service Commission (SSC).

Teachers must refund salaries

The top court, however, allowed the Central Bureau of Investigation (CBI) to continue with its probe in the matter. It said the CBI probe, which was ordered by the high court, would continue but no coercive steps would be taken. The apex court, however, made it clear that the teachers and non-teaching staff whose appointments were cancelled by the high court would have to refund the salaries and other emoluments if it reached the conclusion that they were recruited illegally.

In its May 7, 2024 order, the apex court noted that on May 19, 2022, the state government issued an order creating 6,861 supernumerary posts of teachers and non-teaching staff to absorb the wait-listed candidates. The top court also noted that it was directed that appointment letters to such wait-listed candidates should be issued in terms of the recommendations of the SSC, subject to the outcome of the pending litigation before the high court. More than 23 lakh candidates had appeared for the State Level Selection Test-2016 for 24,640 vacant posts. A total of 25,753 appointment letters were issued.