May 7th 2024.
New Delhi: The recent ruling by the Calcutta High Court invalidating the appointments of 25,753 teachers and non-teaching staff in West Bengal has caused a major uproar. However, the Supreme Court has stepped in to provide relief to these employees by staying the High Court's decision. This will ensure that they can continue working in the state-run and state-aided schools without any interruptions.
The apex court also granted permission to the Central Bureau of Investigation (CBI) to continue their investigation into the matter. The probe agency has been directed to refrain from taking any drastic actions such as making arrests during the ongoing investigation. The court has emphasized the importance of a speedy resolution in this case and has set a hearing for July 16, 2024.
The bench, consisting of Chief Justice D Y Chandrachud and justices J B Pardiwala and Manoj Misra, stated that the issue at hand is whether the tainted appointments can be separated from the legitimate ones. If this is possible, then it would be unfair to invalidate the entire recruitment process. The court also took into consideration the fact that a large number of class 9-10th teachers would be affected by this decision. They have asked for the modalities to determine the segregation of these appointments.
Earlier in the day, the court deemed the alleged recruitment scam in West Bengal as a "systemic fraud" and reminded the state authorities of their duty to maintain digitized records of the appointment of these teachers and non-teaching staff. They stressed the importance of maintaining public faith in the scarce public job sector and asked for accountability from the state government in this matter.
During the hearing, the bench reprimanded senior advocate Dushyant Dave for making comments against former Calcutta High Court judge Justice Abhijit Gangopadhyay. They reminded the lawyers to focus on the legality of the case and not make personal attacks. The court also clarified that the CBI's investigation will continue without any coercive action against the government officials and others.
The bench, in its order, stated that they believe the petitions challenging the High Court's decision have merit and need further consideration. The top court was hearing a batch of petitions regarding the cancellation of appointments and the CBI's involvement in the case. The High Court had also directed the appointed individuals who were not part of the officially available vacancies, or were appointed after the recruitment date, or had submitted blank OMR sheets to return all remunerations and benefits received by them with 12% interest per annum within four weeks.
The Supreme Court has stepped in to provide relief to the 25,753 teachers and non-teaching staff in West Bengal whose appointments were invalidated by the Calcutta High Court. The court has allowed the CBI to continue their investigation, but also emphasized the need for a speedy resolution in this matter. The bench has also reminded the state government of their duty to maintain digitized records and maintain public faith in the scarce public job sector. The court will continue to hear the case on July 16, 2024.
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