"Manipulations and frauds": SC upholds Calcutta HC order cancelling recruitment of over 25,000 staff in West Bengal schools

New Delhi [India], April 3 (ANI): The Supreme Court on Thursday upheld the Calcutta High Court's decision to quash the recruitment of more than 25,000 teachers and non-teaching staff by the West Bengal School Service Commission (SSC) in 2016 for the state-run and aided schools.
The bench of Chief Justice of India, Sanjiv Khanna and Justice Sanjay Kumar found that the selection process carried out by the West Bengal SSC was based on large-scale manipulations and fraud.
"In our opinion, 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 apex court bench stated in its judgement.
The apex court found no reason to interfere with the direction of the High Court that the services of "tainted" candidates must be terminated, and they should be required to refund any salaries/payments received.
"Since their appointments were the result of fraud, this amounts to cheating. Therefore, we see no justification to alter this direction", the bench added.
The top court's verdict came on a petition filed by the West Bengal government that challenged an April 2022 order of the Calcutta High Court which had cancelled the recruitment of more than 25,000 teachers and other staff for state-run and aided schools. The top court had reserved its verdict in the matter on February 10.
The Court further clarified that due to the entire recruitment process being vitiated, the candidates whose recruitment was "untainted" will also have to be terminated. However, such candidates will not have to refund any payments made to them.
"For candidates not specifically found to be tainted, the entire selection process has been rightly declared null and void due to the egregious violations and illegalities, which violated Articles 14 and 16 of the Constitution," the judgement stated.
"As such, the appointments of these candidates are cancelled. However, candidates who are already employed need not be asked to refund or restitute any payments made to them. However, their services will be terminated. Furthermore, no candidate can be appointed once the entire examination process and results have been declared void," it added
The top court granted liberty to "untainted" candidates to reapply to their previous places of work in their respective state departments, and in such cases they will receive their previously held jobs in their respective departments, the Court stated.
As regards candidates whose appointments are canceled but who are not classified as "tainted" and have previously worked in different state government departments or autonomous bodies, the Court stated that such candidates can apply to return to their former positions.
The relevant departments must process these applications within three months, allowing the candidates to resume their roles, the judgment said.
Regarding differently-abled candidates, the Court clarified that in consideration of their disability, these candidates will be permitted to continue their services and will receive wages until the fresh selection process and appointments are completed.
Another issue was raised in the plea regarding the CBI investigation on the decision to create supernumerary posts, the Court stated that the same will be taken up independently by it on April 8 of this year. (ANI)