In a significant development, the Supreme Court on Wednesday began hearing 124 petitions challenging the Calcutta High Court’s decision that nullified the appointment of 25,753 teachers and non-teaching staff in West Bengal, citing severe irregularities in the recruitment process of 2016. The bench, led by Chief Justice Sanjiv Khanna and Justice Sanjay Kumar, is addressing the complex issues of legality and the livelihoods of thousands of individuals who might be innocent of any wrongdoing.
The high court had earlier invalidated these appointments due to various discrepancies, including tampering with OMR sheets and improper rank assignments, which emerged from the state level selection test conducted by the West Bengal School Service Commission (SSC). Despite 23 lakh candidates appearing for 24,640 posts, the SSC issued 25,753 appointment letters, leading to allegations of widespread corruption.
Senior advocates like Dushyant Dave, Mukul Rohatgi, Kapil Sibal, Vikas Singh, and Menaka Guruswamy represented the petitioners, arguing that the high court’s sweeping decision adversely affected many who were untainted by the recruitment scam. They emphasized the need for a nuanced approach that protects the rights and livelihoods of those who were legitimately appointed.
Chief Justice Khanna highlighted the necessity of balancing the rectification of illegalities with the protection of innocent appointees, suggesting that segregating cases could be a priority to shield untainted candidates from undue hardship. The top court previously stayed the high court’s ruling, allowing the Central Bureau of Investigation (CBI) to continue its probe but preventing any coercive actions against the appointees.
During the proceedings, Dave criticized the high court’s directive for a comprehensive CBI investigation and its impact on the lives of the appointees, arguing that such a broad inquiry was unwarranted. Rohatgi and Bhushan supported this view, pointing out that no allegations of misconduct had been raised against candidates selected from the main panel and that the CBI had already begun segregating manipulated cases.
