Emphasizing that students’ education should not be disrupted, the Supreme Court on Thursday allowed West Bengal teachers — whose appointments were annulled earlier this month due to irregularities in recruitment — to continue teaching until a new selection process is completed. However, this relief applies only to “untainted” teachers — those not linked to any wrongdoing during the investigation into the 2016 recruitment. Additionally, the relief is limited to teachers of Classes 9 through 12.
The top Court’s order to West Bengal and SSC regarding fresh recruitments
The Chief Justice further directed the state government and the SSC to submit an affidavit by May 31, including a copy of the advertisement and a detailed schedule to initiate fresh recruitment process. the court also said that this entire selection process should be concluded by December 31. “If the advertisement is not issued as instructed, appropriate measures will be taken, including the imposition of costs,” he added.
However, this relief will not extend to the Group C and Group D non-teaching staff among the over 25,000 whose appointments were quashed by the Supreme Court on April 7.
“We are not inclined to entertain the requests of Group C and D employees, as a larger proportion of them have been found to be tainted,” the bench observed. “Our decision to allow untainted assistant teachers to continue stems from our concern that students’ education should not suffer due to the court’s previous order.”
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Teacher shortage grips West Bengal public schools
The court’s partial relief comes amid a crisis in numerous state-run schools, where teaching staff shortages have disrupted classes following the cancellation of appointments. The SSC and the West Bengal government had approached the Supreme Court seeking relief in light of the disruption.
In its April 7 ruling, the bench led by the Chief Justice had declared the 2016 recruitment process “vitiated.” “We find that the entire process was deeply flawed and irreparably tainted. Widespread manipulation and fraud, coupled with efforts to conceal the wrongdoing, have undermined the integrity of the recruitment,” the order stated.
The court added that candidates not specifically found to be tainted would not be required to return the salaries they had received. However, their services would still be terminated. “No candidate can retain their appointment once the entire examination and selection process has been declared null and void,” the court said. Those found guilty of involvement in the irregularities must return their earnings, it added.
Supreme court decides to uphold High court’s previous verdict
The Mamata Banerjee-led state government had appealed against the High Court order that annulled all appointments, arguing for a separation of tainted and untainted candidates. But the Supreme Court, upholding the High Court’s decision, said it was nearly impossible to distinguish between the two due to the widespread nature of the fraud. “We are convinced that the entire process was deliberately corrupted through illegal practices,” the bench concluded.
Last week, West Bengal Chief Minister Mamata Banerjee met with thousands of affected teaching and non-teaching personnel. Offering her support, she said, “I stand by those who lost their jobs in schools across Bengal. I will do everything in my power to restore their dignity.”
