SC sets aside Calcutta HC order for CBI probe into creation of supernumerary posts by West Bengal Cabinet

New Delhi [India], April 8 (ANI): The Supreme Court on Tuesday set aside the Calcutta High Court’s order, which directed a CBI investigation into the West Bengal government’s decision to create supernumerary posts in the West Bengal SSC teachers’ appointments.

Speaking on this, Advocate Bikash Ranjan Bhattacharya said that the Supreme Court has said that the direction of the Calcutta High Court for a CBI investigation against the cabinet was uncalled for.

He added that the top court has clarified that all other court orders will continue to be operative except for the direction of the CBI investigation.

“The SC today said that the direction of the HC for a CBI investigation against the cabinet was uncalled for. Therefore, the SC has quashed that part of the order. The CBI now may not carry out an investigation for the cabinet members for the cabinet decision, not the other things. The SC has clarified that all other court orders will continue to be operative except for the direction of the CBI investigation,” Bhattacharya told reporters.

Earlier on Monday, West Bengal Chief Minister Mamata Banerjee met with teachers who lost their jobs after the Supreme Court upheld the Calcutta High Court order to cancel the appointment of over 25,000 staff in Bengal schools by the School Service Commission (SSC) in 2016 and alleged that there is a “conspiracy” going on to destroy the education system.

On April 3, the Supreme Court upheld the Calcutta High Court’s decision to quash the recruitment of more than 25,000 teachers and non-teaching staff by the West Bengal School Service Commission (SSC) in 2016 for the state-run and aided schools.

A bench of Chief Justice of India Sanjiv Khanna and Justice Sanjay Kumar found that the West Bengal SSC’s selection process was based on large-scale manipulations and fraud.

“In our opinion, this is a case wherein the entire selection process has been vitiated and tainted beyond resolution. Manipulations and frauds on a large scale, coupled with the attempted cover-up, have dented the selection process beyond repair and partial redemption. The credibility and legitimacy of the selection are denuded”, the apex court bench stated in its judgement.

The apex court found no reason to interfere with the High Court’s direction that the services of “tainted” candidates must be terminated and that they should be required to refund any salaries/payments received.

“Since their appointments were the result of fraud, this amounts to cheating. Therefore, we see no justification to alter this direction”, the bench added.

The top court’s verdict came on a petition filed by the West Bengal government that challenged an April 2022 order of the Calcutta High Court, which had cancelled the recruitment of more than 25,000 teachers and other staff for state-run and aided schools.

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