NEW DELHI: In a blow to the Bengal govt, Supreme Court Thursday concurred with Calcutta HC’s decision to cancel the 2016 recruitment of over 25,700 teachers and non-teaching staff for state govt schools, saying the selections were tainted beyond repair.
Dismissing appeals of Mamata govt, West Bengal School Services Commission and 125 successful candidates, a bench of Chief Justice Sanjiv Khanna and Justice Sanjay Kumar said, “The entire selection process has been vitiated and tainted beyond resolution.”
Writing the 41-page judgement that rejected pleas for segregating tainted candidates instead of cancelling the entire recruitment, CJI Khanna said, “Manipulations and frauds on a large scale, coupled with attempted cover-up, have dented the process… (Its) credibility and legitimacy are denuded.” Referring to destruction of candidates’ OMR (answer) sheets purportedly for illegal rank jumping, selection of those who didn’t qualify and even those who gave blank answer papers, the bench said HC had on April 22 last year rightly cancelled the entire process.
‘Untainted’ can seek return to previous jobs in govt depts: SC
SC said tainted candidates, who were appointed as teachers or to non-teaching staff posts, “should be required to refund any salaries/payments received. Since their appointments were the result of fraud, this amounts to cheating”. However, it said even though non-tainted candidates would lose jobs, they won’t be asked to refund salaries and reimbursements they received.
In another important clarification, SC said the selected candidates, who do not fall in the tainted category and may have worked in govt departments prior to their selection to teaching and non-teaching jobs, “will have the right to apply to their previous departments or autonomous bodies to continue in their service with those entities”. The bench said, “Their seniority and other entitlements will be preserved, and they will be eligible for increments. However, for the period they were employed under the disputed appointment, no wages will be paid by the state or autonomous bodies. If needed supernumerary posts would be created to accommodate them.”
SC will on April 8 hear the petition filed by state govt challenging the HC direction for a CBI probe against officials and ministers who decided to create supernumerary posts for teachers and non-teaching staff, and appoint more people than those who had made it to the list of selected candidates.
