Supreme Court Lays Down Key Principles for Scrapping Entire Selection Process Amid Widespread Irregularities

In a landmark decision that reinforces judicial oversight over public recruitment, the Supreme Court of India laid down critical legal doctrines governing mass cancellation of tainted selection processes. A Bench comprising Chief Justice of India Sanjiv Khanna and Justice Sanjay Kumar upheld the Calcutta High Court’s decision to scrap the 2016 West Bengal School Service Commission (WBSSC) recruitment for thousands of posts.

In State of West Bengal vs. Baishakhi Bhattacharyya & Others (Civil Appeal No. 9586 of 2024), the top court observed that the selection process was marred by “manipulations and frauds on a large scale” and that its “credibility and legitimacy were denuded.”

Background of the Case

The matter began with a 2016 writ petition by Baishakhi Bhattacharyya, challenging denial of age relaxation. Soon after, dozens of other writ petitions revealed massive irregularities in the WBSSC recruitment of:

• 18,617 teaching and non-teaching posts (Classes IX–X, XI–XII, Groups C & D)
  

The irregularities included:

• Rank jumping
  
• Appointment of out-of-panel candidates
  
• Blank OMRs being marked as qualified
  
• Appointment letters after panel expiry
  
• Destruction of original and digital OMR records
  

Investigations by the Central Bureau of Investigation (CBI) and findings of the Justice (Retd.) Ranjit Kumar Bag Committee confirmed systemic corruption, leading the Calcutta High Court to annul the process in April 2024. The State and affected candidates challenged that ruling before the Supreme Court.

Legal Issues Considered

The Supreme Court analyzed the following:

1. Can a whole recruitment be cancelled if fraud is proven only in part of it?
   
2. Is personal hearing required before mass cancellation?
   
3. Was WBSSC’s destruction of OMR sheets legal under recruitment rules?
   
4. Should untainted candidates suffer due to others’ wrongdoing?
   

Key Judicial Observations

Writing the judgment, CJI Sanjiv Khanna held:

“Manipulations and frauds on a large scale, coupled with the attempted cover-up, have dented the selection process beyond repair and partial redemption.”

Justice Sanjay Kumar concurred and emphasized that “systemic illegality cannot be ignored to save individual hardship”.

The Bench also noted that destruction of OMR sheets—especially for Group C & D posts where rules did not permit it—amounted to suppression of material evidence.

Key Legal Principles Laid Down

The Supreme Court consolidated jurisprudence from multiple rulings (Sachin Kumar, Inderpreet Singh Kahlon, Vanshika Yadav) and laid down the following doctrines:

1. En masse cancellation is justified where systemic fraud or malaise taints the entire process.
   
2. Evidence of irregularities need not meet criminal trial standards—the probability test is sufficient.
   
3. Segregation must be attempted, but if impractical, courts can order full cancellation to protect process purity.
   
4. Principles of natural justice can be relaxed in mass fraud cases; individual hearings may be waived.
   
5. Record destruction during an ongoing process is impermissible and reflects guilty intent.
   

Verdict

The Court upheld the Calcutta High Court’s orders:

• Entire 2016 WBSSC recruitment quashed
  
• Recovery of salaries (with 12% interest) from illegal appointees
  
• CBI to continue investigation and file chargesheets
  
• New recruitment process to begin after 2024 elections
  
• WBSSC directed to:
  
  • Use open tenders for OMR scanning
    
  • Publish marks, ranks, and full transparency measures
    

Incriminated Officials and Private Players

The Court relied heavily on findings of the CBI and Justice Ranjit Bag Committee, which identified key individuals and private firms involved in the scandal:

➤ Officials:

• Dr. Subires Bhattacharya – Former Chairman, WBSSC
  
• Dr. Sharmila Mitra – Former Chairperson, Central Commission
  
• Dr. Santi Prasad Sinha – Former Advisor to the Commission
  
• Prof. Saumitra Sarkar, Dr. Mahuya Biswas, Dr. Kalyanmoy Ganguly, among others
  
• Several were found prima facie guilty of IPC offences under Sections 465, 468, 471, and 120B.
  

➤ Private Entities:

• M/s Nysa Communications Pvt. Ltd. – Outsourced OMR work, accused of manipulating data
  
• M/s Data Scantech Solutions – Subcontractor that handled scanning, retained manipulated files
  
• Niladri Das, ex-Nysa VP, continued providing “RTI support” even after switching firms, allegedly to maintain the fraud’s cover.
  

CBI recovered hard disks from these firms showing tampering of OMR scores for 6,276 candidates. In many cases, blank OMRs received passing marks.

Representation of Parties

• State of West Bengal & WBSSC: Senior Advocates Kapil Sibal and Dr. Abhishek Manu Singhvi
  
• Respondents (Writ Petitioners): Senior Advocates Dushyant Dave, Vikas Singh, and Maninder Singh