School Jobs Row| SC to Hear West Bengal’s Plea Challenging Calcutta HC Order in September

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Today, On 6th August, The Supreme Court will hear in September the plea of West Bengal challenging a Calcutta High Court order related to a school jobs controversy. A bench led by Chief Justice DY Chandrachud has given the parties time until August 16 to file their responses to the petitions.

New Delhi: The Supreme Court announced on Tuesday that it would hear in September the pleas from the West Bengal government and others challenging a Calcutta High Court order. This order nullified the appointment of 25,753 teachers and non-teaching staff in state government and aided schools.

A bench led by Chief Justice DY Chandrachud has given the parties time to submit their responses to the petitions by August 16.

Chief Justice Chandrachud stated,

“Time for filing the written submissions for the petitioners in the West Bengal group of matters will be extended till next Friday.”

The bench, which also includes Justice JB Pardiwala and Justice Manoj Misra, directed the nodal counsel to compile a common set of records in electronic form and to ensure that all judgments cited by the parties are included in one set of PDF documents.

The Supreme Court has been addressing 33 petitions concerning the high court’s April 22 judgment and has now scheduled a final hearing for September. On July 16, the court provided a final opportunity to file responses to the pleas contesting the high court’s order, including one submitted by the West Bengal government.

The bench informed that many parties had not filed their response affidavits, including the West Bengal government in cases where it was named as a respondent. The bench issued several procedural directives and appointed four lawyers as nodal counsel, instructing them to compile a common electronic record. Lawyers Astha Sharma (representing the state government), Shalini Kaul, Partha Chatterjee, and Shekhar Kumar were appointed as nodal counsel.

On May 7, the Supreme Court provided significant relief to West Bengal teachers and non-teaching staff whose appointments were invalidated by the Calcutta High Court due to irregularities in the hiring process. However, it allowed the Central Bureau of Investigation (CBI) to continue its investigation, which could include probing state Cabinet members if necessary.

While offering this relief, the bench directed the CBI not to take any immediate actions, such as arresting suspects during the investigation. The court also stipulated that teachers and non-teaching staff whose appointments cancelled would need to refund their salaries and benefits if the recruitment was deemed illegal.

The court highlighted the need for a detailed examination to determine if the flawed appointments could be isolated.

The bench stated,

“If it is possible, then it would be wrong to set aside the entirety of the process,”

Describing the alleged recruitment scam in West Bengal as “systemic fraud,” the Supreme Court emphasized the state’s responsibility to maintain digital records of the 25,753 teachers and non-teaching staff appointments.

Chief Justice Chandrachud remarked,

“Public jobs are so scarce. Nothing remains if the faith of the public goes. This is systemic fraud… People will lose faith, how do you countenance this?”

The high court previously cancelled the appointments and instructed the CBI to investigate the process, with a report due in three months. Over 2.3 million candidates appeared for the State Level Selection Test (SLST)-2016 for 24,640 vacancies, but 25,753 appointment letters issued.

The high court had mandated that those appointed beyond the 24,640 vacancies, those appointed after the official recruitment date, and those who submitted blank OMR sheets but still received appointments must return all remunerations and benefits received, with 12 percent annual interest, within four weeks.

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