SC stays Calcutta HC order terminating jobs of nearly 25,000 West Bengal teachers

Supreme Court on West Bengal teachers recruitment scam

The Supreme Court on May 7 stayed the order of Calcutta High Court, which directed the termination of nearly 25,000 teaching and non-teaching staff appointed through a 2016 state-level test in West Bengal owing to the so-called teacher recruitment scam.

The apex court, however, permitted the Central Bureau of Investigation (CBI) to continue investigating more on the alleged scam, but it cannot take any coercive action. The court said that if it is confirmed by the CBI investigating that nearly 8000 teachers obtained the posts by fraudulent means, they may have to return their salaries.

The case will now come up for hearing on July 16.

During the course of the hearing, the Chief Justice of India DY Chandrachud pulled up the West Bengal government and called the alleged scam and said "The public jobs are so scarce. Nothing remains if the faith of the public goes. This is systemic fraud. What remains in the system if their appointments are also maligned? "

The court further noted that the State of West Bengal has no data to prove the sanctity of these tests.

On April 29, SC stayed the portion of the Calcutta HC order that directed the Central Bureau of Investigation (CBI) to undertake further investigations and if necessary take custody of persons from the West Bengal government-created supernumerary post to accommodate illegal appointments.

The SC stayed the portion of the order as the lawyers appearing for the government of West Bengal argued that the whole cabinet of the state is under threat of being arrested owing to this direction. According to the lawyers, such an order will cause a great disadvantage as the country is in the middle of elections, at present.

The Calcutta High Court on April 22 cancelled nearly 25,000 appointments of teaching and non-teaching staff appointed through a 2016 state-level test in the West Bengal government-sponsored and aided secondary and higher secondary schools. The order was passed in the so-called teacher recruitment scam.

The court declared the entire school service commission recruitment panel of 2016 "null and void", as a consequence of which all appointments from 9th to 12th and groups C and D where irregularities were found stood cancelled.

Furthermore, a two-judge bench of the Calcutta high court, while ordering the board to conduct fresh recruitment, also directed a section of persons who were found to have been recruited illegally to return their salary in four weeks.

The Central Bureau of Investigation (CBI) and the Enforcement Directorate are presently looking into the alleged scam. The CBI named 12 people, including former chairman of West Bengal School Service Commission Subiresh Bhattacharya. The scandal arose following the arrest of Partha Chatterjee, a Trinamool Congress leader who served as the minister of education in the state government until his arrest