The Crossbill Team
In a major setback to the Mamata Banerjee-led West Bengal government, the Supreme Court on Thursday (April 3) upheld the Calcutta High Court’s decision to cancel 25,753 appointments of teaching and non-teaching staff made through the West Bengal School Service Commission (WBSSC) in 2016.
The ruling comes in connection with the school jobs-for-cash scam, which has rocked the state’s education sector.
A Bench comprising Chief Justice of India (CJI) Sanjiv Khanna and Justice PV Sanjiv Kumar refused to interfere with the High Court’s verdict, emphasizing that the recruitment process was "vitiated by manipulation and fraud."
The Court directed that a fresh selection process be conducted and completed within three months.
"In our opinion, this is the case where the entire selection process is vitiated and tainted beyond resolution. Manipulation and fraud on a large scale, coupled with the intention to cover up have tainted the selection process beyond repair. The legitimacy and credibility of the selection process are denuded,” Live Law quoted CJI, Sanjiv Khanna as saying.
“We find no reason to interfere with the direction of the High Court that the services of the tainted candidates, where appointed, must be terminated and they will be required to refund any salaries and payment they received. Since the appointments are the result of fraud and cheating, we see no justification to alter this direction.,” the CJI observed.
“For candidates who have been specifically found to be tainted, their entire selection process has been rightly declared null and void due to egregious violations and illegalities which violate Articles 14 and 16 of the Constitution. As such, the appointments of these candidates are cancelled,” the CJP further pronounced.
However, the Bench provided some relief to the affected appointees, ruling that they would not have to return salaries already received.
Further Proceedings and Investigation
The Supreme Court also scheduled a hearing for April 4 on pending pleas, including a challenge by the West Bengal government against the High Court’s directive for a CBI probe into the recruitment scam. The detailed judgment is awaited.
The Supreme Court had reserved its verdict on the case on February 10, after hearing arguments on multiple occasions since December 19, 2023. During these hearings, the Court had warned that individuals who obtained jobs through fraudulent means might face termination.
Background of the Case
The case stems from widespread irregularities in the 2016 recruitment process conducted by the WBSSC. The High Court had found evidence of OMR sheet tampering, rank-jumping, and other manipulations, leading to the cancellation of appointments.
Of the 23 lakh candidates who applied for 24,640 advertised positions, 25,753 appointment letters were ultimately issued, exceeding the official vacancies.
The High Court ruled that appointees who were placed outside the designated vacancies, those recruited after the expiry of the selection deadline, and those who submitted blank OMR sheets but still secured jobs must return all salaries and benefits received, along with 12% interest.
On May 7, 2023, the Supreme Court had temporarily stayed the High Court’s order, allowing the CBI to continue its investigation into the scam. The case has since exposed a large-scale recruitment fraud, which the apex court has termed a “systemic fraud.”
Political Fallout
The scam has implicated several high-profile political figures, including former West Bengal Education Minister Partha Chatterjee and Trinamool Congress MLAs Manik Bhattacharya and Jiban Krishna Saha, all of whom are under investigation for their alleged roles in the recruitment irregularities.
The Supreme Court’s ruling marks a critical moment in the ongoing case, reinforcing the judiciary’s stand against corruption in public service recruitment.
The ruling comes in connection with the school jobs-for-cash scam, which has rocked the state’s education sector.
A Bench comprising Chief Justice of India (CJI) Sanjiv Khanna and Justice PV Sanjiv Kumar refused to interfere with the High Court’s verdict, emphasizing that the recruitment process was "vitiated by manipulation and fraud."
The Court directed that a fresh selection process be conducted and completed within three months.
"In our opinion, this is the case where the entire selection process is vitiated and tainted beyond resolution. Manipulation and fraud on a large scale, coupled with the intention to cover up have tainted the selection process beyond repair. The legitimacy and credibility of the selection process are denuded,” Live Law quoted CJI, Sanjiv Khanna as saying.
“We find no reason to interfere with the direction of the High Court that the services of the tainted candidates, where appointed, must be terminated and they will be required to refund any salaries and payment they received. Since the appointments are the result of fraud and cheating, we see no justification to alter this direction.,” the CJI observed.
“For candidates who have been specifically found to be tainted, their entire selection process has been rightly declared null and void due to egregious violations and illegalities which violate Articles 14 and 16 of the Constitution. As such, the appointments of these candidates are cancelled,” the CJP further pronounced.
However, the Bench provided some relief to the affected appointees, ruling that they would not have to return salaries already received.
Further Proceedings and Investigation
The Supreme Court also scheduled a hearing for April 4 on pending pleas, including a challenge by the West Bengal government against the High Court’s directive for a CBI probe into the recruitment scam. The detailed judgment is awaited.
The Supreme Court had reserved its verdict on the case on February 10, after hearing arguments on multiple occasions since December 19, 2023. During these hearings, the Court had warned that individuals who obtained jobs through fraudulent means might face termination.
Background of the Case
The case stems from widespread irregularities in the 2016 recruitment process conducted by the WBSSC. The High Court had found evidence of OMR sheet tampering, rank-jumping, and other manipulations, leading to the cancellation of appointments.
Of the 23 lakh candidates who applied for 24,640 advertised positions, 25,753 appointment letters were ultimately issued, exceeding the official vacancies.
The High Court ruled that appointees who were placed outside the designated vacancies, those recruited after the expiry of the selection deadline, and those who submitted blank OMR sheets but still secured jobs must return all salaries and benefits received, along with 12% interest.
On May 7, 2023, the Supreme Court had temporarily stayed the High Court’s order, allowing the CBI to continue its investigation into the scam. The case has since exposed a large-scale recruitment fraud, which the apex court has termed a “systemic fraud.”
Political Fallout
The scam has implicated several high-profile political figures, including former West Bengal Education Minister Partha Chatterjee and Trinamool Congress MLAs Manik Bhattacharya and Jiban Krishna Saha, all of whom are under investigation for their alleged roles in the recruitment irregularities.
The Supreme Court’s ruling marks a critical moment in the ongoing case, reinforcing the judiciary’s stand against corruption in public service recruitment.
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