Kolkata: Halting a CBI probe against Bengal government officials, the Supreme Court, on Monday (April 29), directed to check the feasibility of isolating untainted appointments from the vast pool of over 25,000 appointments made by the West Bengal School Service Commission (WBSSC) in 2016. The directive comes in response to the Calcutta High Court’s ruling to nullify all appointments, citing ‘fraud’ as the basis.
The Bench — comprising Chief Justice of India D Y Chandrachud, Justice J B Pardiwala and Manoj Misra — while hearing petitions filed by the Bengal government, the state SSC and certain affected employees challenging the April 22 judgment of the Calcutta High Court, also declined the petitioners’ request for an immediate stay on the High Court’s directive to annul the appointments at the present juncture, noting that the matter will be addressed during the next hearing on Monday.
The Calcutta High Court had cancelled the appointments of 25,753 candidates, which includes both teaching and non-teaching staff appointed in 2016.
The Apex Court postponed the petitions for further consideration until next Monday.
Meanwhile, the Supreme Court halted the High Court’s instruction for the CBI to conduct additional investigations into individuals associated with the state government’s approval of supernumerary positions for unlawful appointments, including the potential for custodial interrogation if required.
While understanding the seriousness of about 25,000 persons losing jobs, the Court asked the state if the matter could be segregated.
“Look at how it’s done…OMR sheet completely destroyed, mirror images not there, people not in the panel are recruited…this is a complete fraud,” Chief Justice of India Chandrachud, reportedly, observed.
Reacting to the order by the Supreme Court, Trinamool Congress (TMC) leader Kunal Ghosh on X stated that the Opposition, including Left party lawyers, are saying that they want people to get jobs but going to court and seeking cancellation of the entire panel.
“@AITCofficial wants to correct the flaw and is trying to ensure that employment is given to deserving candidates. The opposition wants to politicise everything,” he said.
The statistical report submitted by SSC in Calcutta High Court in terms of the four selection processes stated that out of 11,610 recommendations for IX-X level OMR issue was found in 808, rank jumping in 185 and alleged irregularities in 993 which makes the percentage of alleged irregularities 8.50 per cent. For the XI-XII level, total recommendation was 5596, out of which 771 OMR issues, 39 rank jumping and 810 alleged irregularities were detected making it 14.47 per cent alleged irregularities against the total.
Similarly, for Group C, the total recommendation was 2037, out of which 783 were OMR issues and 783 alleged irregularities, bringing the percentage to 38.43 per cent. For Group D, the total recommendation was 3880, OMR issue was four 1741 bringing the alleged irregularity percentage to 44.87 per cent. In the judgement, it was mentioned that during the hearing the SSC did not discount the fact that possibilities of further illegalities exist.
The special bench of Justice Debangsu Basak and Justice Md. Shabbar Rashidi had held: “What has been produced by the selection process is not a cereal consisting of grains and chaff capable of segregation but a product unfit for human consumption. Fraud perpetrated and perpetuated is deep and pervasive. Any attempt to shift the proverbial grain from the chaff would be an unprofitable exercise, prolonging the agony and would put premium on dishonesty.”
According to the data recorded in the judgement appointments were given to 25,753 candidates in these four groups. The Bench held that the entire selection process is shrouded in mystery that it is difficult to fathom the quantum of illegalities performed.
Calling the cancellation of appointments arbitrary, the state alleged that the judgement was given based on oral submissions and in absence of any affidavit. The plea stated that the termination of teaching and non-teaching staff without giving sufficient time to the state has rendered the education system stand-still.
The matter with regards to the supernumerary posts will be further heard next week on Monday. With regards to the direction for the CBI probe, the senior advocate Rakesh Dwivedi argued that the matter involving the Cabinet and ministers could be sent to jail during the election period.