West Bengal Teacher Recruitment Case: Supreme Court adjourns hearing, gives final opportunity to respondents to file reply

New Delhi [India], July 16 (ANI): The Supreme Court on Tuesday adjourned the hearing on the West Bengal teacher recruitment matter and was given the last opportunity for respondents concerned to file the reply on the various petitions challenging the Calcutta High Court order on teacher recruitment matters.

A bench led by Chief Justice of India DY Chandrachud noted that no counter affidavit has been filed to date and said that if any of the respondents want to file their counters, they shall do so on or before two weeks.

The top court also made it clear that if the counter is not filed then the right to file a counter affidavit shall stand closed.

Earlier the top court ordered that the investigation by the CBI which has been ordered by the High Court in one of clause of its operative directions shall continue but no coercive steps shall be taken in the matter.

Earlier the top court had ordered that the judgment of the Calcutta High Court dated 22 April 2024 shall remain stayed till the disposal of the present proceedings.

In the earlier hearing, the court also noted that the jobs of 25000 people were affected due to the High Court decision and asked the parties to demonstrate on the basis of material available whether it is possible to segregate valid and invalid appointments.

The top court was hearing West Bengal Government and various others petitions against Calcutta HC decision declaring the panel of 2016 School Service Commission teachers’ recruitment, null and void, cancelling all appointments of teachers and non-teaching staff.

In 2016, the School Service Commission in West Bengal conducted selections for recruitment to four categories of posts – Assistant Teachers for Classes IX and X; Assistant Teachers for Classes XI and XII; Non-teaching Staff of the Group ‘C’ category; and Non-teaching staff of the group ‘D’ category.

A notification for the State level selection test was issued on 16 February 2016. An OMR based written examination was held on 27 November 2016. The final panel for candidates for Classes IX and X was published on 12 March 2018. The merit list of empanelled candidates was published on 28 August 2018.

The candidates joined as Assistant Teachers in or about January and February 2019. A batch of petitions was instituted before the High Court challenging the selection process of 2016.

On 22 April 2024 of a Division Bench of the High Court at Calcutta while setting aside the appointments, directed that the OMR sheets available in three hard disks must be uploaded on the website of the SSC. The HC also directed that the persons who had been appointed from outside the panel; after the expiry of the panel; and against the submission of blank OMR sheets, must return all the remuneration and benefits received by them to the State exchequer together with interest at 12% per annum failing which the outstandings would be recovered as arrears of land revenue.

The CBI shall interrogate all persons who had received appointments beyond the panel, after expiry of the panel and after submitting blank OMR sheets, if necessary, by undertaking custodial interrogation, the High Court also said.

Challenging the HC order, West Bengal Government said that “Vide the Impugned Order, the High Court, basis oral submissions, without any affidavit on record, has proceeded to in a cursory manner, direction to cancel all appointments of teachers and non-teaching staff, in utter disregard to the fact that the same will lead to a huge vacuum in the State Schools, unless new selection process is completed by the SSC, especially when the new academic sessions is on its brim, leading to the students being adversely impacted.”

The plea was filed through advocate on record Astha Sharma. The plea stated that Calcutta High Court’s decision to set aside the selection process affects nearly 23,123 teaching and non-teaching staff in the State of West Bengal. HC had directed the persons who had been appointed outside the panel, after the expiry of the panel as also those who submitted blank OMR sheets but obtained appointments, must return all remunerations and benefits received by them to the State exchequer along with interest calculated at 12 per cent per annum.

“The High Court failed to appreciate the ramification of cancelling the entire selection process leading to straightaway termination of 23,123 teaching and non-teaching staff from service with immediate effect, without giving sufficient time to the Petitioner State to deal with such an exigency, rendering the education system at a stand-still. That even though as per the CBI enquiry report and the affidavit by the SSC irregularity in appointments were only found for 4,327 teachers and non-teaching staff, the Impugned Order on its own wisdom strikes at the legal and valid selections of 23,123 teachers, which was not found to be riddled with any anomaly as per the chargesheet filed by CBI concluding the investigation,” the petition said.

West Bengal government said that the High Court further mechanically directed that the SSC shall undertake a fresh selection process in respect of the declared vacancies involved in these selection processes preferably within a fortnight from the date of declaration of results of the ensuing elections, without considering that, till the aforesaid process is completely by the SSC and actual appointments are made pursuant thereto, the Schools in the Petitioner State will be seriously understaffed which will severely affect the students in such schools.

“In an unfortunate turn of events, the issue pertaining to the creation of the conditional supernumerary posts was not raised before the High Court, and at no stage was the state govt called upon to respond to the allegations, either before the Single Judge, Division Bench or the Special Bench which passed the Impugned Order. This lack of opportunity being granted to the petitioners not only vitiates the principles of natural justice, where the petitioners are being condemned without placing their stand on record, but further transgresses the issues which the High Court was seized upon to adjudicate and further disregards the proceedings pending before the Supreme Court where the very issue arises and has been stayed by this Court,” the West Bengal government said in the petition copy.