Manipulations On A Large Scale With Attempts To Cover Up: Supreme Court Upholds Decision Nullifying West Bengal SSC Teacher Recruitment

The Bench of the Chief Justice of India (CJI) Sanjiv Khanna and Justice Sanjay Kumar observed, “Manipulations and frauds on a large scale coupled with attempts to cover up have tainted the selection process beyond repair…the credibility and legitimacy of the selection are denuded.”

The Court upheld the Calcutta High Court’s decision, reaffirming that the appointments made through the tainted recruitment process could not be allowed to stand. The Bench stated, “We find no valid ground or reason to interfere with the directions of High Court that services of tainted candidates whose appointments must be terminated and they will be required to refund any salaries they had received since the appointments are a result of fraud which amounts to cheating. Therefore, we see no justification to alter this direction.”

Previously, the Court had classified the categories of the parties involved in the matters related to the appointments of approximately 25,0000 school teachers by the West Bengal School Service Commission ('WBSSC').

The State of West Bengal challenged the judgment passed by the Calcutta High Court which had declared the recruitment process of State Level Selection Test-2016 (SLST) in West Bengal government-sponsored and aided schools as null and void and had ordered cancellation of all appointments made through it.

On July 16, 2024, the Bench of Chief Justice DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra had ordered, "No counter affidavit has been filed till date. In the event that any of the Respondents seek to file their counters, they shall do so.... If no counter is filed, the right to file counter affidavit shall stand closed and the proceedings shall be conducted on the basis of the record as it stands. Broadly speaking it has emerged from the submissions of the counsels on both sides that there are categories in relation to the batch of cases, it would comprise of the following: (1)The Government of West Bengal;(2) the West Bengal Central School Service Commission; (3)Original Petitioners before the High Court, who are not selected (Representing classes 9th and 10th;11th and 12th and Group c and D) and similarly situated persons; (4) persons whose appointments have been cancelled by the judgment of the High Court (5) the Central Bureau of Investigation."

On April 29, 2024, the Supreme Court had granted interim relief that no precipitative steps shall be taken in pursuance of the directions contained in the impugned judgment and order of the High Court.

Over 23 lakh candidates had appeared for the SLST-2016 for 24,640 vacant posts. A total of 25,753 appointment letters were issued against the vacancies. The Division Bench, formed by the Chief Justice of the High Court on a direction of the Supreme Court, had extensively heard numerous petitions and appeals relating to the selection of candidates for appointment by the SSC in the categories of teachers of classes 9, 10, 11 and 12 and group-C and D staffers through the SLST-2016. The High Court had also ordered the termination of a number of jobs of teaching and non-teaching staffers after finding irregularities.

The Calcutta High Court had directed, "All appointments granted in the selection processes involved being violative of Articles 14 and 16 of the Constitution of India, are declared null and void and cancelled...OMR sheets available in the three hard disks, if not already done or such portion not done, must be uploaded in the website of SSC forthwith and made available to the public for viewing...CBI will undertake further investigation in respect of all the four cases. CBI will interrogate all persons who had received appointments beyond the panel, after expiry of the panel and after submitting blank OMR sheets. If necessary, CBI shall undertake custodial interrogation in respect of each of them...SSC shall undertake a fresh selection process in respect the declared vacancies involved in these selection processes preferably within a fortnight from the date of declaration of results of the ensuing elections."

The Bench further held the cancellation of the entire selection process, stating that even candidates not specifically found to be tainted could not retain their appointments, as the process violated Articles 14 and 16 of the Constitution. However, while their services would be terminated, they would not be required to refund the salaries they had received.

The Bench clarified that its observations and findings would have no bearing on the ongoing criminal proceedings. It further stated that the appeals filed by the State of West Bengal concerning the CBI investigation directive would be considered separately and taken up for hearing on April 4, 2025.

Cause Title: The State of West Bengal v. Baishakhi Bhattacharyya (Chatterjee) & Ors. (Special Leave to Appeal (C) No(s).9586/2024)