WBSSC to move SC after HC cancels jobs of over 25K teaching & non-teaching staff

Kolkata: The Calcutta High Court on Monday declared around 25,753 appointments — both teaching and non-teaching — granted in the selection process of 2016 as “null and void and cancelled”.

The West Bengal Central School Service Commission (WBCSSC) is contemplating over challenging the judgement in the Supreme Court.

The persons whose appointments were rendered invalid were asked by the Bench to return the salary earned by them since recruitment.

“In default, the District Magistrates under whose jurisdictions such candidates reside, will take expeditious steps to realise such amount from such persons, as arrears of land revenue and shall ensure that recovery is made within a period of six weeks of the date of initiation of proceeding for recovery,” the Bench of Justice Debangsu Basak and Justice Md. Shabbar Rashidi directed.

The SSC was directed to conduct a fresh selection process a fortnight after the declaration of the Lok Sabha election result. Appointments for preparation, evaluation and scanning of Optical Mark Recognition (OMR) sheets will be made by SSC by open tender and after declaring the eligibility criteria and other terms and conditions of the contract, the Bench directed.

Observing that it has given “anxious consideration to the passionate plea” that persons who had obtained the appointments legally would be prejudiced if the entire selection process is cancelled, the Bench said it hardly had any choice left. The court held that all appointments granted in the selection processes involved were violative of Articles 14 (equality before the law) and 16 (prohibiting discrimination in employment in any government office) of the Constitution. The CBI was directed to further investigate in all four cases by interrogating people whose appointments were rendered invalid. The Central investigative agencies were further directed to undertake investigations with regard to the persons involved, in the state government approving creation of supernumerary posts “to accommodate illegal appointments”. They were directed to submit the report within three months.

Following the Supreme Court’s direction, a special bench was constituted by the Chief Justice of Calcutta High Court to hear the matters related to the 2016 selection process of Group C and D, assistant teacher appointments in classes IX-X and XI-XII. The Apex Court had asked the special bench to complete the hearing within six months.

The writ petitioners had challenged the 2016 selection process and alleged that candidates were recommended by SSC after the expiry of the panel and appointments given to candidates who submitted blank OMR sheets. There were also allegations pertaining to the selection process, wrong assessment of answers and candidates with lower ranks being appointed. Reacting to the Court’s judgement, Commission Chairman Siddharth Majumder said the commission will approach the Supreme Court, after going through the complete High Court order.

He said: “It’s a bulky order of around 300 pages…we are going through it and speaking with our legal team. However, prima facie, the cancellation of the entire selection process merits an appeal. Irregularities were detected for 5,000 candidates. For that rest 19,000 to 20,000 candidates should not suffer.”