Supreme Court stays CBI probe in West Bengal teachers' recruitment scam

New Delhi [India], April 29 (ANI): The Supreme Court on Monday stayed a Calcutta High Court's order directing the Central Bureau of Investigation (CBI) to probe into the role of West Bengal government officials in the alleged teachers' recruitment scam.
A bench led by Chief Justice of India DY Chandrachud listed the West Bengal government's plea to May 6.
The SC stayed the Calcutta HC order directing the CBI to undertake further investigation against officials in the Bengal government who created supernumerary posts. The top court directed the CBI not to take any coercive steps into the matter till the next date of hearing.
The SC was hearing the West Bengal government's plea against the Calcutta HC decision declaring the panel of 2016 School Service Commission (SSC) teachers' recruitment, null and void, cancelling all appointments of teachers and non-teaching staff.
During the hearing, the SC also noted that the jobs of 25000 people were affected due to the High Court decision and asked the parties to demonstrate on the basis of material available whether it is possible to segregate valid and invalid appointments.
"Vide the Impugned Order, the High Court, basis oral submissions, without any affidavit on record, has proceeded to in a cursory manner, direction to cancel all appointments of teachers and non-teaching staff, in utter disregard to the fact that the same will lead to a huge vacuum in the State Schools, unless new selection process is completed by the SSC, especially when the new academic sessions is on its brim, leading to the students being adversely impacted," the petition, moved by West Bengal Government, said.
The plea was filed through advocate on record Astha Sharma. The plea stated that Calcutta High Court's decision to set aside the selection process affects nearly 23,123 teaching and non-teaching staff in the State of West Bengal. HC had directed the persons who had been appointed outside the panel, after the expiry of the panel as also those who submitted blank OMR sheets but obtained appointments, must return all remunerations and benefits received by them to the State exchequer along with interest calculated at 12 per cent per annum.
"The High Court failed to appreciate the ramification of cancelling the entire selection process leading to straightaway termination of 23,123 teaching and non-teaching staff from service with immediate effect, without giving sufficient time to the Petitioner State to deal with such an exigency, rendering the education system at a stand-still. That even though as per the CBI enquiry report and the affidavit by the SSC irregularity in appointments were only found for 4,327 teachers and non-teaching staff, the Impugned Order on its own wisdom strikes at the legal and valid selections of 23,123 teachers, which was not found to be riddled with any anomaly as per the chargesheet filed by CBI concluding the investigation," the petition said.
West Bengal government said that the High Court further mechanically directed that the SSC shall undertake a fresh selection process in respect of the declared vacancies involved in these selection processes preferably within a fortnight from the date of declaration of results of the ensuing elections, without considering that, till the aforesaid process is completely by the SSC and actual appointments are made pursuant thereto, the Schools in the Petitioner State will be seriously understaffed which will severely affect the students in such schools.
"In an unfortunate turn of events, the issue pertaining to the creation of the conditional supernumerary posts was not raised before the High Court, and at no stage was the state govt called upon to respond to the allegations, either before the Single Judge, Division Bench or the Special Bench which passed the Impugned Order. This lack of opportunity being granted to the petitioners not only vitiates the principles of natural justice, where the petitioners are being condemned without placing their stand on record, but further transgresses the issues which the high court was seized upon to adjudicate and further disregards the proceedings pending before the Supreme Court where the very issue arises and has been stayed by this Court," the West Bengal government said in the petition copy. (ANI)