Today(10th Sept), The Supreme Court will hear on September 24 the West Bengal government’s challenge to the Calcutta High Court’s order invalidating 25,753 appointments. The bench, led by Chief Justice D.Y. Chandrachud, may face delays due to other hearings.
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NEW DELHI: The Supreme Court of India has scheduled a hearing for September 24 regarding the multiple pleas, including one from the West Bengal government, challenging a decision by the Calcutta High Court. This High Court order invalidated the appointments of 25,753 teachers and non-teaching staff in state-run and state-aided schools, citing irregularities in the recruitment process.
The matter, which was originally listed for a hearing today (September 10th), was postponed due to other ongoing cases. A bench led by Chief Justice of India (CJI) D.Y. Chandrachud, along with Justices J.B. Pardiwala and Manoj Misra, acknowledged the scheduling conflict and noted-
“We will list it on September 24.”
The Supreme Court has been hearing 33 different petitions that challenge the Calcutta High Court’s April 22 ruling, which annulled the appointments of 25,753 individuals. These positions included both teaching and non-teaching staff in West Bengal government and aided schools. The West Bengal government’s plea is among those that argue against the High Court’s ruling.
Previously, the Supreme Court had set September 10 as the date for hearing the petitions, also giving the involved parties a final deadline of August 16 to file their responses. This extended timeline was provided to allow the compilation of comprehensive documentation for the court’s review.
The bench asked Astha Sharma, the nodal counsel representing the West Bengal government, along with Shalini Kaul, Partha Chatterjee, and Shekhar Kumar, to work together on this effort. The counsel was directed to prepare a common compilation of records in electronic format, ensuring that all judgments and legal references cited by the parties were included in a single PDF document.
On May 7, the Supreme Court provided interim relief to the teachers and non-teaching staff who had their appointments invalidated by the High Court due to alleged corruption in the selection process. Despite granting this relief, the court also permitted the Central Bureau of Investigation (CBI) to continue its investigation into the recruitment process.
ALSO READ: West Bengal Moves Supreme Court: “Why 24k School Job Appointments Were Cancelled?”
The CBI probe was allowed to extend even to members of the West Bengal Cabinet, if necessary. However, the Supreme Court placed a condition on the investigative agency, instructing it not to take “any precipitative action” such as arrests during the investigation. This was aimed at preventing unnecessary disruptions while the legal review and investigation progressed.
At the same time, the bench made it clear that should the court conclude that any of these appointments were indeed illegal, the individuals involved would be required to return all salaries and emoluments earned during their tenure. This ruling reflects the court’s broader concern about addressing systemic fraud while also ensuring justice for those unfairly implicated.
The Supreme Court, during earlier hearings, referred to the alleged recruitment scam in West Bengal as “systemic fraud.” The court emphasized that state authorities bear the responsibility of maintaining clear and digitized records of these appointments to ensure transparency.
The CJI pointedly remarked-
“Public jobs are so rare that losing public trust in them is devastating. This is a case of systemic fraud. Given that public jobs are crucial for social mobility, what is left if even these appointments are tainted? If people lose faith in the system, it undermines everything.”
This comment came in response to arguments made by the lawyers representing the West Bengal government.
The Supreme Court has expressed serious concern about the long-term effects of corruption in public sector hiring, fearing it could undermine public trust in government institutions if such tainted appointments persist.
The Calcutta High Court’s initial ruling not only annulled the disputed appointments but also instructed the CBI to investigate and submit a report within three months. The recruitment process, based on the 2016 State Level Selection Test (SLST), was plagued by irregularities.
While over 23 lakh candidates had taken the SLST-2016, intended to fill 24,640 teaching positions, 25,753 appointment letters were issued, exceeding the number of vacancies. The High Court also uncovered issues such as appointments made beyond the official vacancies, after the recruitment period had closed, and for candidates who had submitted blank OMR sheets. It directed these individuals to return all remuneration and benefits with 12 percent annual interest within four weeks.
