The Supreme Court on Thursday allowed “eligible” Bengal government schoolteachers in Classes IX to XII to continue in their posts with the condition that the state will complete the fresh recruitment process by December 31 this year.
“We are inclined to accept the prayer in the present application in so far as it relates to the assistant teachers for classes IX, X and XI-XII subject to following conditions. Advertisement be published on or before May 31 and exams and entire process to be completed by December 31, 2025,” ordered Chief Justice of India Sanjeev Khanna.
The dismissed Group-C and Group-D staff will not be reinstated.
“We will only grant extension to the teachers and not to the Group-IV candidates,” CJI Khanna said. “We are not inclined to accept the prayer as far as Group C and D employees are concerned, as the number of established tainted candidates is substantially high in number.”
The Mamata Banerjee government has to publish the advertisement for fresh examination by May 31 and the entire recruitment process must be completed by the end of this year.
“The state government, the board and commission shall file an affidavit on or before May 31, enclosing copy of advertisement and schedule to ensure the completion of recruitment process. In case advertisement and affidavit are not given by May 31, appropriate orders will be passed by the Court, including imposing cost,” the apex court ordered.
Counsel N.K. Kaul informed the apex court no recruitment of teachers could take place after 2016 since the case was pending.
The CJI also made it clear that the order should not be read as special rights or advantage on the teachers as far as fresh recruitment is concerned.
Earlier this month, a division bench of the Supreme Court including CJI Khanna and Justice Sanjay Kumar had dismissed 25,753 teaching and non-teaching staff selected for employment in state-run and state-aided schools in light of the cash-for-jobs scam.
“In our opinion this case is where the entire selection process has been vitiated. Manipulation and fraud on a large scale, coupled with the intention to cover up have tainted the selection process beyond repair,” CJI Khanna said in his earlier order. “The legibility and credibility of the selection procedure are denuded. We find no reason to interfere in the HC, since the appointments are by fraud and cheating and we see no reason to interfere.”
“For candidates who have been specifically found to be tainted, their entire selection process has been rightly declared null and void due to egregious violations and illegalities which violate Article 14 and 16 of the Constitution. As such the appointment of these candidates is cancelled,” said CJI Khanna.
Addressing the dismissed teachers and non-teaching staff at a meeting in Netaji Indoor stadium on April 7, Bengal chief minister Mamata Banerjee had committed to seek a clarification from the apex court on whether the “untainted” teachers could continue in their positions as their absence would lead to a collapse in the state secondary and higher secondary levels.
Division benches in both the Calcutta High Court and the Supreme Court had dismissed the entire panel who were recruited from the state-level selection test for which advertisement was issued by the School Service Commission.
After the results were declared and the interviews completed, several candidates had alleged that despite qualifying their names were missing from the selected panel. Acting on an order from the Calcutta High Court, the CBI and Enforcement Directorate probed the case and (now former) state education minister Partha Chatterjee and others were arrested.
Though the state government did not submit a list of “tainted” candidates before both the high court and the Supreme Court, it had allegedly created 6,861 supernumerary posts to accommodate those appointed through alleged illegal means in the cash-for-jobs scam.
