West Bengal Primary Teacher Recruitment Case: Supreme Court Strikes Down Merit List-Based Appointments

The case of Ali Hossain Mandal & Ors. vs. West Bengal Board of Primary Education & Ors. revolves around irregularities in the recruitment of primary school teachers in West Bengal. The Supreme Court, in its judgment dated May 9, 2024, ruled that appointments based solely on the inter-se positions in the TET Eligibility List 2014 violated the prescribed recruitment procedure. The Court set aside the previous orders of the Calcutta High Court and confirmed that no further appointments could be made from the expired merit list.

Background of the Case

The controversy arose when the West Bengal Board of Primary Education issued a notification on December 23, 2020, to fill 16,500 vacancies for primary school teachers. The selection process required candidates to:

Possess the minimum training qualification prescribed by the NCTE.
Qualify the Teacher Eligibility Test 2014 (TET-2014).

Initially, a merit list for 15,284 candidates was published on February 15, 2021, followed by two additional merit lists, bringing the total to 16,500 selected candidates. However, some candidates who had not been appointed approached the Calcutta High Court, seeking directions to reduce the cut-off marks and fill the remaining vacancies.

High Court Orders and Appeals

The Calcutta High Court Single Judge Bench, in its order dated September 26, 2022, directed the Board to appoint 252 petitioners against the remaining 3,929 vacancies. The Board challenged this ruling, arguing that:

The selection process had already been completed.
The panel had expired after one year.
Unfilled vacancies were carried forward to a fresh recruitment cycle initiated on September 29, 2022.

The Calcutta High Court Division Bench upheld the Single Judge’s order and ruled that:

The entire recruitment process for TET-2014 was irregular.
The TET-2014 Eligibility List should be treated as the Merit List.
The remaining vacancies must be filled based on the inter-se positions in the TET-2014 list.

Arguments by the Petitioner (West Bengal Board of Primary Education)

The Board contended that:

The Recruitment Rules, 2016 mandate a selection process based on multiple criteria, not just TET rankings.
The merit list expired on February 15, 2022, and could not be revived.
The unfilled vacancies were re-advertised under a fresh notification on September 29, 2022, making any claim over the old list invalid.
Appointments must be based on a comprehensive evaluation, including:

Academic qualifications
Training as per NCTE norms
Performance in TET
Extra-curricular activities
Viva-voce and aptitude test

Arguments by the Respondents (Candidates Seeking Appointment)

The candidates argued that:

The recruitment process lacked transparency.
The Board failed to disclose cut-off marks or provide reasons for non-selection.
The vacancies must be filled using the existing TET-2014 eligibility list.
The Board’s refusal to appoint them violated the principle of fairness.

Supreme Court’s Observations

The Supreme Court ruled that the Calcutta High Court’s direction to fill vacancies based on the TET-2014 eligibility list was contrary to the prescribed recruitment rules. The Court noted:

“The manner of shortlisting candidates for appointment as directed by the Division Bench is at loggerheads with and in departure from the procedure envisaged under Rule 8 of the Recruitment Rules, 2016.”

The Court also observed that:

The merit list expired after one year, i.e., on February 15, 2022.
No competent authority extended the validity of the expired panel.
The Board had the right to conduct fresh recruitment.

Key Findings and Judgment

The Supreme Court held that:

Appointments cannot be made from an expired merit list unless extended by law.
Recruitment must follow Rule 8 of the Recruitment Rules, 2016.
The remaining vacancies (3,929) should be filled through the new recruitment process initiated in September 2022.

Accordingly, the Supreme Court set aside the High Court’s decision and ruled:

“No further appointments are permissible from the recruitment process initiated on 23.12.2020 when a fresh recruitment process has commenced.”

Implications of the Judgment

This ruling has significant implications for recruitment processes:

Validity of recruitment panels: A merit list cannot remain valid indefinitely.
Transparency in selection: Authorities must disclose selection criteria and marks.
Judicial review in appointments: Courts should not modify established selection procedures.
Future recruitment procedures: Authorities must ensure that vacancies are filled in a timely and legally sound manner.

Conclusion

The Supreme Court’s decision in Ali Hossain Mandal & Ors. vs. West Bengal Board of Primary Education & Ors. reinforces the importance of following statutory recruitment procedures. By rejecting the use of an expired merit list and ensuring compliance with prescribed rules, the judgment upholds the principles of fairness and transparency in public employment.

Petitioner Name: Ali Hossain Mandal & Ors..
Respondent Name: West Bengal Board of Primary Education & Ors..
Judgment By: Justice Hrishikesh Roy, Justice Prashant Kumar Mishra.
Place Of Incident: West Bengal.
Judgment Date: 09-05-2024.

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