In a major relief to thousands of primary school teachers in West Bengal, the Calcutta High Court on Wednesday set aside the Single Bench order that had annulled the appointments of approximately 32,000 primary teachers.
The Division Bench, presided over by Justice Tapabrata Chakraborty, observed that irregularities had not been proven in all the recruitments and that cancelling the entire selection process based on specific instances of malpractice was not justified.
The appeal was filed against the order of a Single Bench dated May 12, 2023, which had directed the termination of around 32,000 primary teachers recruited through the Teachers’ Eligibility Test (TET) of 2014. The Division Bench has now overturned this decision, restoring the services of the affected teachers. The Court emphasized that terminating employment after nine years would have a catastrophic impact on the teachers and their families.
Background
The controversy stems from the recruitment process conducted based on the TET 2014 results. Allegations of massive corruption and irregularities in the selection process had led to a series of litigations.
On May 12, 2023, a Single Bench of the High Court, then presided over by Justice Abhijit Gangopadhyay, ordered the cancellation of appointments of nearly 32,000 candidates who had not completed their teacher training at the time of their recruitment. The Single Bench had held that the selection process was vitiated by fraud and irregularities. Aggrieved by this order, the affected teachers and the state authorities approached the Division Bench.
Court’s Observations and Analysis
During the proceedings, the Division Bench scrutinized the findings of the investigating agency and the rationale behind the Single Bench’s blanket termination order.
1. Extent of Irregularities: The Court noted that the Central Bureau of Investigation (CBI), which was directed by the High Court to investigate the recruitment scam, had initially identified 264 appointments where irregularities took place. Following further investigation, the names of another 96 teachers came under the agency’s scanner.
2. Proportionality of the Order: The Division Bench observed that since the investigative agency had identified a specific number of tainted candidates, the entire selection process comprising thousands of appointments cannot be cancelled. The Court held that it is not inclined to uphold the Single Bench order as irregularities have not been proven in all the recruitments.
3. Adverse Impact: Significantly, the Bench highlighted the human element involved in the case. The Court maintained that the termination of employment after nine years of service would have a “great adverse impact” on the primary teachers and their dependent families.
Decision
Consequently, the Division Bench set aside the Single Bench order dated May 12, 2023. By distinguishing between the identified irregularities and the valid appointments, the High Court has effectively protected the jobs of the vast majority of teachers recruited under the 2014 TET process against whom no specific evidence of malpractice was found by the CBI.
