SC sets aside HC order for CBI probe into creation of supernumerary posts by WB cabinet

The apex court on April 3 invalidated the appointment of 25,753 teachers and staffers, terming the entire selection process "vitiated and tainted".

The Supreme Court on Tuesday set aside the part of the Calcutta High Court judgement ordering a CBI probe into the West Bengal cabinet's decision to create supernumerary posts in state-run and aided schools.

A bench comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar, however, made it clear the probe into other aspects related to the appointment of 25,753 teachers and staffers in West Bengal's state-run and aided school would continue.

A "supernumerary post" refers to a temporary position created to accommodate an employee who is entitled to a regular post that is currently unavailable.

The apex court on April 3 invalidated the appointment of 25,753 teachers and staffers, terming the entire selection process "vitiated and tainted".

While delivering the verdict, the bench had made it clear it will independently deal with the plea raised by the West Bengal government “with regard to the direction of investigation by the CBI on the decision taken to create supernumerary posts”.

On Tuesday, the bench took up this particular aspect of the plea raised by the state government and said, “Having regard to aforesaid discussion, we are of the view that the high court was not justified in referring the issue of creation of supernumerary post posts to the CBI pursuant to the cabinet decision.” The bench referred to constitutional schemes on cabinet decisions and said they cannot be questioned in a court of law.

“We clarify that our observations in this order are limited to the extent of direction to investigate the creation of supernumerary posts and not in any way reflect upon the investigation and chargesheets filed by CBI in other aspects,” the CJI said.