The Supreme Court granted a stay calcutta High Curt order that the Central Bureau of Investigation (CBI) from taking action against West Bengal officials in the ongoing “School Jobs for Cash” scam. The matter followed after the court regarding the cancellation of over 23,000 teaching and non-teaching staff appointments by the Calcutta High Court.
NEW DELHI: Today (29th April): The Supreme Court granted a stay on a Calcutta High Court order that directed the Central Bureau of Investigation (CBI) to investigate the involvement of West Bengal government officials in a teacher recruitment scam. The top court was hearing an appeal filed by the West Bengal government against the high court’s decision, which invalidated the appointment of thousands of teachers and non-teaching staff by the School Service Commission (SSC) in state-run and state-aided schools.
The Supreme Court, comprising Chief Justice DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra, temporarily stayed the Calcutta High Court’s order, which ordered the CBI to conduct further investigations into the role of state government officials. The court will hear the matter in detail on May 6.
They stated,
“We will stay the direction which says the CBI (Central Bureau of Investigation) will undertake further investigation against officials in the state government.”
The Court expressed concerns over the matter, stating,
“Please tell us if the matter can be segregated… we see that 25,000 jobs taken away is a serious thing. Unless we see that the entire thing is fraught with fraud and who are the beneficiaries of the fraud….” Additionally, the Court questioned the appointment of individuals who were not on the panel, labeling it as complete fraud.
Chief Justice Chandrachud remarked,
“People who were not in the panel were recruited. this is complete fraud.” While staying action against the officials of the West Bengal government who created the supernumerary posts”
The high court had directed the CBI to probe the individuals involved in the state government’s approval of supernumerary posts to accommodate illegal appointments. It also stated that if necessary, custodial interrogation of these individuals should be conducted. However, the Supreme Court has stayed this direction, pending further proceedings.
The High Court Bench comprising Justices Debangsu Basak and Md Shabbar Rashidi ordered the re-evaluation of all 23 lakh answer sheets from recruitment entrance exams due to a lack of clarity regarding their proper evaluation.
Additionally, the court instructed the Central Bureau of Investigation (CBI) to continue its investigation into the recruitment scam. Several individuals, including former education minister Partha Chatterjee and Trinamool Congress (TMC) party MLAs Manik Bhattacharya and Jiban Krishna Saha, as well as suspended TMC leaders Santanu Kundu and Kuntal Ghosh, are currently in custody for their alleged involvement in the scam.
The State Government challenged the order, arguing that the high court’s cancellation of appointments was done “arbitrarily.”
The appeal filed before the Supreme Court stated,
“The High court failed to appreciate the ramification of cancelling the entire selection process, leading to straightaway termination of teaching and non-teaching staff from service with immediate effect, without giving sufficient time to the petitioner state to deal with such an exigency, rendering the education system at a standstill.”
In its appeal before the Supreme Court, the West Bengal Government challenged the high court’s decision, arguing that the cancellations of appointments were done arbitrarily.
The State’s appeal highlighted that the cancellation of the selection process resulted in the immediate termination of 23,123 teaching and non-teaching staff, causing a disruption in the education system.
Senior Advocate Dushyant Dave, during the hearing, emphasized that the recruitment process began in 2016, and the appointments were made in 2018. He noted that the case’s foundation lies in the initial plea brought before Justice Abhijit Gangopadhyay, who later joined the Bharatiya Janata Party (BJP).
Senior Advocate Mukul Rohtagi criticized the High Court’s reliance on material provided by an accused individual, emphasizing the need for an inquiry. He questioned the court’s authority to terminate thousands of jobs without due process.
Senior Advocate Rakesh Dwivedi expressed concerns about the CBI probe’s implications during the election period, emphasizing the potential legal repercussions for cabinet members. Additionally, Senior Advocate Neeraj Kishan Kaul highlighted the oversight in the impugned order regarding the supernumerary posts, emphasized the need for further consideration.
The Government stated that the high court failed to fully understand the consequences of canceling the entire selection process, which led to the immediate termination of teaching and non-teaching staff without allowing sufficient time for the state to address such a critical situation. This sudden disruption has brought the education system to a standstill, the Government plea emphasized.
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