Supreme Court Cancels West Bengal Teacher Recruitment Due to Massive Irregularities
The Supreme Court of India recently delivered a landmark judgment in the case concerning the 2016 teacher recruitment scam in West Bengal. The court upheld the Calcutta High Court’s decision to cancel the entire selection process due to widespread irregularities, fraud, and illegal appointments. Here’s a detailed breakdown of the case and the court’s reasoning.
Background of the Case
The case arose from the 2016 recruitment process conducted by the West Bengal Central School Service Commission (WBSSC) for the selection of non-teaching staff in Groups C and D, as well as Assistant Teachers for Classes IX-X and XI-XII. The process was marred by allegations of rank-jumping, out-of-panel appointments, manipulation of OMR sheets, and destruction of records.
Key Arguments
Petitioners’ Arguments (Selectees & State of West Bengal)
- The evidence against them is weak, unproven, and inadmissible.
- They were punished without an inquiry, violating principles of natural justice.
- While chargesheeted, they have not been convicted and should be treated as innocent.
- The High Court erred by annulling the entire selection process instead of only cancelling appointments of those found guilty.
Respondents’ Arguments (Writ Petitioners & CBI)
- The selection process was vitiated by systemic fraud and illegalities.
- Rank-jumping, out-of-panel appointments, and manipulation of OMR sheets were rampant.
- Original OMR sheets were destroyed to cover up irregularities.
- The entire process violated Articles 14 and 16 of the Constitution.
Supreme Court’s Observations
The Supreme Court, in its judgment, made several critical observations:
“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 court also noted:
“WBSSC has been candid enough to admit; (i) rank jumping, that is, to say candidates having lower rank were preferred over those having higher rank, (ii) out of panel appointments, that is, candidates who are not in the panel of shortlisted candidates have been recommended and appointed, (iii) candidates who were not recommended by WBSSC were appointed by the Board, and (iv) manipulation of the OMR scores.”
Key Findings of Irregularities
The court identified numerous irregularities in the selection process:
- Appointment of an agency (M/s NYSA) through a closed-door tender process violating Articles 14 and 16.
- Destruction of original OMR sheets without preserving scanned copies.
- Appointments made beyond declared vacancies.
- Appointments given to persons not in the panel or who submitted blank OMR sheets.
- Merit lists containing marks were never published.
- Counselling held after expiry of the panel.
- Creation of supernumerary posts to accommodate illegal appointees.
Statistical Evidence of Irregularities
The court examined statistical data showing the extent of irregularities:
| Post Name | Total Recommendations | OMR Issues | Rank Jumping | Total Irregularities |
|---|---|---|---|---|
| Assistant Teacher (IX-X) | 11,610 | 808 | 185 | 993 (8.50%) |
| Assistant Teacher (XI-XII) | 5,596 | 771 | 39 | 810 (14.47%) |
| Group-C | 2,037 | 783 | – | 783 (38.43%) |
| Group-D | 3,880 | 1,741 | – | 1,741 (44.87%) |
Court’s Decision
The Supreme Court upheld the High Court’s decision to cancel the entire selection process with certain modifications:
- Services of tainted candidates to be terminated, with requirement to refund salaries received.
- For non-tainted candidates, appointments cancelled but no requirement to refund payments.
- Candidates previously employed in other government departments may apply to return to their former positions.
- Disabled candidates allowed to continue until fresh selection process completed.
- All eligible candidates may participate in fresh selection process with age relaxation.
Conclusion
The Supreme Court’s judgment serves as a strong reminder about the importance of maintaining integrity in public recruitment processes. The court’s detailed examination of the evidence and its balanced approach in providing relief to different categories of affected candidates sets an important precedent for similar cases in the future.
Petitioner Name: State of West Bengal & Others.Respondent Name: Baishakhi Bhattacharyya (Chatterjee) and Others.Judgment By: Justice Sanjiv Khanna, Justice Sanjay Kumar.Place Of Incident: West Bengal.Judgment Date: 03-04-2025.
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