WB School Jobs Row | Supreme Court Upholds Calcutta HC Order Cancelling Appointment of 23,123 Teaching and Non-Teaching Staff

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In a landmark decision, the Supreme Court has upheld the cancellation of the controversial 2016 SLST recruitment by the West Bengal School Service Commission, citing widespread fraud and manipulation.

WB School Jobs Row | SC Upholds Calcutta HC Order Cancelling Appointment of 23,123 Teaching and Non-Teaching Staff

NEW DELHI: In a significant ruling, the Supreme Court of India upheld the Calcutta High Court’s decision to cancel the State Level Selection Test-2016 (SLST) recruitment process conducted by the West Bengal School Service Commission (WBSSC). The Bench, comprising Chief Justice of India (CJI) Sanjiv Khanna and Justice Sanjay Kumar, delivered a scathing judgment, emphasizing that the recruitment process was irreparably tainted by large-scale fraud, manipulations, and subsequent cover-ups.

Supreme Court’s Key Observations

The Bench ruled that the

“credibility and legitimacy of the selection process had been completely eroded due to massive irregularities, making it impossible to allow any of the appointments to stand”

The Court categorically stated:

“Manipulations and frauds on a large scale coupled with attempts to cover up have tainted the selection process beyond repair…the credibility and legitimacy of the selection are denuded.”

Consequently, the apex court reaffirmed

“the Calcutta High Court’s directive to cancel all appointments made through this fraudulent process”

It further ordered the

“termination of services of all candidates whose appointments stemmed from the tainted selection process, regardless of whether they were directly implicated in the irregularities”

The Court based its decision on Articles 14 and 16 of the Constitution of India, which guarantee equality before the law and equal opportunity in public employment. Since the selection process was fundamentally flawed, even candidates who may not have actively participated in fraudulent activities could not be permitted to retain their jobs, as their appointments were a direct outcome of an unconstitutional process. The Bench further held that:

“We find no valid ground or reason to interfere with the directions of the High Court that services of tainted candidates must be terminated and they will be required to refund any salaries they had received since the appointments are a result of fraud, which amounts to cheating. Therefore, we see no justification to alter this direction.”

Backdrop of the Case

The case revolved around the State Level Selection Test-2016 (SLST), through which approximately 25,753 appointment letters were issued for 24,640 vacant teaching and non-teaching positions in West Bengal government-sponsored and aided schools. However, allegations of widespread corruption and malpractices soon emerged, leading to an extensive investigation.

The Calcutta High Court, after hearing multiple petitions and appeals, found serious irregularities in the selection process, including the following:

  • Appointments made beyond the officially declared panel.
  • Selection of candidates who had submitted blank OMR sheets.
  • Recruitment of individuals after the expiry of the selection panel.
  • Manipulation of marks and merit lists.

1. Initial Classification of Parties Involved

On July 16, 2024, a Supreme Court Bench led by then-CJI DY Chandrachud, along with Justices JB Pardiwala and Manoj Misra, identified five key categories of stakeholders in the case:

  1. The Government of West Bengal.
  2. The West Bengal Central School Service Commission (WBSSC).
  3. The Original Petitioners before the High Court (Unsuccessful candidates for teaching positions in Classes 9-10, 11-12, and Group C & D staff).
  4. The candidates whose appointments were cancelled by the High Court judgment.
  5. The Central Bureau of Investigation (CBI), which was directed to investigate the alleged irregularities.

The Supreme Court had previously granted interim relief on April 29, 2024, stating that no coercive steps would be taken against those impacted by the High Court ruling until further review.

2. Calcutta High Court’s Directions

Following an in-depth examination, the Calcutta High Court Division Bench, constituted under the directions of the Supreme Court, passed a landmark ruling. Some of the major directives included:

  • Nullification of all appointments made through the SLST-2016 process for violating constitutional provisions.
  • Immediate uploading of OMR sheets from the hard disks onto the WBSSC website to ensure transparency.
  • CBI to conduct further investigation into all four identified categories of irregular appointments.
  • Mandatory interrogation and potential custodial investigation of individuals who received appointments fraudulently.
  • A fresh recruitment process to be initiated within 15 days following the announcement of the upcoming elections’ results.

Implications of the Supreme Court Judgment

While upholding the Calcutta High Court’s order, the Supreme Court clarified that its decision will not impact any ongoing criminal proceedings against those involved in the fraud. However, the Bench did provide limited relief, stating that while the appointments would be annulled, the affected candidates would not be required to return the salaries they had earned during their tenure.

Furthermore, the Supreme Court noted that appeals filed by the State of West Bengal challenging the CBI’s investigative role in the matter would be considered separately in a hearing scheduled for April 4, 2025.

The Supreme Court’s judgment marks a decisive step in upholding constitutional integrity and transparency in public recruitment processes. By affirming the cancellation of all appointments tainted by corruption, the Court has reinforced the principle that public employment must be based on merit and fairness, free from fraudulent manipulations.

With ongoing CBI investigations and further legal proceedings on the horizon, the ramifications of this ruling are expected to continue shaping the legal and political landscape of West Bengal’s governance and education sector in the coming months.

CASE TITLE: The State of West Bengal v. Baishakhi Bhattacharyya (Chatterjee) & Ors. (Special Leave to Appeal (C) No(s).9586/2024)

CITATION: 2025 INSC 437

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