West Bengal: High Court rejects bail plea of education minister over school jobs scam

KOLKATA: The Calcutta High Court on Tuesday rejected the bail petition of former West Bengal education minister Partha Chatterjee and four other ex-public servants in a CBI case over an alleged school jobs recruitment scam.

Besides Chatterjee, Justice Tapabrata Chakraborty also rejected the bail prayer of former West Bengal School Service Commission (SSC) chairman Subires Bhattacharya, former state secondary education board president Kalyanmoy Ganguly, former chairman of SSC's advisory committee S P Saha, and former SSC secretary Ashok Saha.

Earlier, a division bench comprising justices Arijit Banerjee and Apurba Sinha Ray differed in their separate judgments on the bail prayer of the five accused. While Justice Banerjee allowed the bail application of all the accused, Justice Sinha Ray rejected it.

The matter was thereafter assigned to the single bench of Justice Chakraborty by the HC chief justice for adjudication. Justice Chakraborty, in his judgment, expressed agreement with Justice Sinha Ray’s order, rejecting the bail application of all five accused.

He emphasised that the allegations against the petitioners are serious, noting that if proven, the offences could damage the credibility of the state’s education system. He also pointed out the lack of explanation from the state regarding the delay in granting sanction for prosecution, despite the Governor already granting it for Dr. Partha Chatterjee.

He observed that, while waiting for the sanction for prosecution of the other accused, the high court had ordered the chief secretary to submit a report on the time frame for a decision. Despite repeated orders, no decision had been made on granting sanction for the other accused.

"It is the obligation of the state to act fairly and impartially, ensuring cooperation so that the truth emerges," Justice Chakraborty stated.

In their plea for bail, the accused’s lawyers argued that they had been incarcerated for nearly two years without the trial beginning. The Central Bureau of Investigation (CBI) opposed their release, stating that although the investigation into the accused in the alleged school jobs scam was complete, the broader probe into recruitment irregularities was still ongoing.

The CBI’s counsel warned that granting bail at this stage could hinder the investigation, as the accused are influential.

Chatterjee, who served as the education minister from 2011 to 2021, had filed a bail application before the high court, along with other former public servants who have been jailed for about two years in connection with the school jobs irregularities case.