Bengal School Jobs Row: Entire selection process vitiated due to malpractice, says SC

NEW DELHI: The entire selection process for the appointment of 25,753 teachers and non-teaching staff in government and aided schools in West Bengal was vitiated due to malpractice and the state wanted to "protect" the illegal appointments, it was argued in the Supreme Court on Monday. The arguments took place before a bench of Chief Justice Sanjiv Khanna and Justice Sanjay Kumar which was hearing a batch of pleas against the Calcutta High Court's April 22 last year decision.

The high court had invalidated the appointment of 25,753 teachers and non-teaching staff in state-run and state-aided schools of West Bengal. 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).

The top court, however, permitted the CBI to continue with its probe in the matter. On Monday, the apex court heard arguments, including ones by the lawyers appearing for some of those who moved the high court against the selection process. "The entire selection process was vitiated because of the malpractice," said one of them, "and the state government wanted to protect the illegal appointments."

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The lawyer said before the high court, the state's SSC was unable to segregate the untainted from the tainted ones. While one of the lawyers claimed there was a "large institutional criminal conspiracy" in the process, another counsel said the SSC and the state must come to a definite stand about the number of tainted candidates. The arguments remained inconclusive and would continue on February 10.

Petitioners argued on impacts of livelihood of untainted candidates

On January 15, several petitioners who challenged the high court verdict, argued it adversely impacted the lives and livelihoods of untainted candidates. One common point argued was that the majority of untainted selected candidates, who were adversely impacted by the high court's order, had crossed the permissible age limit to write any competitive examinations as the impugned recruitment process was of 2016.

The case stemmed from the alleged irregularities in the 2016 recruitment process conducted by the West Bengal SSC. The controversy revolved around the alleged corruption in the 2016 state-level selection test. While 23 lakh candidates appeared for 24,640 posts, a total of 25,753 appointment letters were issued. The Calcutta High Court, citing irregularities such as OMR sheet tampering and rank-jumping, invalidated the appointments in April 2024.

Investigation was ordered by high court

On May 7 last year, the apex court said the CBI's investigation, which was ordered by the high court, would continue but without any coercive steps. The top court, however, made it clear that the teachers and non-teaching staff of the state, whose appointments were cancelled by the high court, would have to refund the salaries and other emoluments if their recruitment was found illegal.

The apex court termed the alleged recruitment scam in West Bengal as a "systemic fraud" and said the state authorities were duty-bound to maintain the digitised records pertaining to the appointment of 25,753 teachers and non-teaching staff .