High Court reserves judgement on scheme for Group C&D staff

Kolkata: The Calcutta High Court on Monday reserved its judgment on a petition challenging the West Bengal government’s scheme to provide monetary support to non-teaching staff who lost jobs following a Supreme Court order in the West Bengal School Service Commission (WBSSC) recruitment corruption case.

The bench of Justice Amrita Sinha on Monday heard the case and reserved the judgement. The state government recently introduced a temporary scheme offering “limited livelihood, support, and social security on humanitarian grounds” to families of non-teaching staff in Group C and Group D categories recruited through the 2016 selection process by the WBSSC.

The scheme provides Rs 25000 to Group C employees and Rs 20000 to Group D employees. This follows a Supreme Court ruling that nullified the 2016 recruitment process, deeming it tainted, resulting in approximately 26,000 teaching and non-teaching staff losing their jobs in government-sponsored and -aided schools. The petition, moved by senior advocate Bikash Bhattacharya on behalf of waitlisted candidates from the 2016 hiring process, argued that the scheme violates the Supreme Court’s order. Bhattacharya contended that the state lacks the authority under Article 162 of the Constitution to create a scheme that undermines a Supreme Court judgment. He emphasised that Article 162, which outlines the state’s executive powers, does not permit actions that frustrate judicial rulings. He sought an immediate stay on the scheme’s implementation.

Opposing the petition, Advocate General Kishore Dutta, representing the state, argued that the waitlisted candidates lack grounds to challenge the scheme and suggested they approach the Supreme Court, as their grievance pertains to the alleged violation of the apex court’s order.