West Bengal teachers’ recruitment case” Supreme Court puts hold on Calcutta HC order cancelling jobs of 25,000 teachers

The Supreme Court on Tuesday put on hold the Calcutta High Court order cancelling the hirings in the West Bengal teachers’ recruitment case. The Supreme Court also said while the investigation into the matter by the CBI would continue, there will be no coercive action against candidates or officials.

A Supreme Court bench led by Chief Justice of India DY Chandrachud raised probing questions directed at the West Bengal government concerning the cancellation of approximately 25,000 appointments by the state school service commission, following a Calcutta High Court order.

Chief Justice Chandrachud queried why the Bengal government opted to create supernumerary posts and recruit waitlisted candidates when the selection process itself was under legal scrutiny.

Senior Advocate Neeraj Kishan Kaul, representing the Bengal government in the West Bengal teachers’ recruitment case, contested the high court’s decision, questioning its sustainability, particularly emphasising that not all 25,000 appointments were deemed illegal by the Central Bureau of Investigation (CBI).

Senior Advocate Jaideep Gupta, representing the school service commission, argued that the high court’s jurisdiction did not extend to revoking these appointments, citing conflicts with prior Supreme Court judgments.

Chief Justice Chandrachud further scrutinised the commission’s actions, particularly questioning the destruction of OMR sheets and scanned answer sheets without issuing a tender for such sensitive matters.

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The Chief Justice expressed concern over the breach of security protocols, highlighting that the outsourced agency responsible for scanning possessed sensitive data without proper oversight. When questioned about falsely claiming data possession to RTI applicants, the commission’s representatives acknowledged the absence of pertinent data.

In response, the Chief Justice underscored the systemic implications of such actions, stressing the erosion of public trust in government job processes. Senior Advocate Sanjay Hegde echoed these sentiments, cautioning against wholesale cancellations that would impact the educational system’s stability.

The Supreme Court’s recent intervention included pausing the high court’s order for a CBI investigation into Bengal government officials linked to the West Bengal teachers’ recruitment scam, while declining to stay the mass cancellation of appointments.

The court sought clarity on the feasibility of differentiating valid and invalid appointments based on available evidence.

The state government has pushed back against the high court’s ruling, contending that the cancellations were arbitrary and significantly disruptive to the education system. The high court justified its decision, citing constitutional violations and the need to uphold public interest by not retaining appointees from a questionable selection process.