New Delhi

The Supreme Court on Thursday upheld the Calcutta High Court's order cancelling 25,753 appointments in teaching and non-teaching posts made by the West Bengal School Service Commission (WBSSC) in 2016. 

"In our opinion, this is a case wherein the entire selection process has been vitiated and tainted beyond resolution. Manipulations and frauds on a large scale, coupled with the attempted cover-up, have dented the selection process beyond repair and partial redemption. The credibility and legitimacy of the selection are denuded," a bench of Chief Justice of India (CJI) Sanjiv Khanna and Justice Sanjay Kumar said.

Disposing of a batch of petitions, including the West Bengal government’s appeal, the CJI Khanna-led bench made certain modifications in the directions issued by the Calcutta High Court. It said that candidates, who are already employed, need not be asked to refund or restitute any payments made to them, but their services will be terminated.

"We find no valid ground or reason to interfere with the direction of the High Court that the services of tainted candidates, where appointed, must be terminated, and they should be required to refund any salaries/payments received. Since their appointments were the result of fraud, this amounts to cheating. Therefore, we see no justification to alter this direction,” added the top court.

Further, it said that candidates not specifically found to be tainted, the entire selection process has been rightly declared null and void due to the egregious violations and illegalities, and as such, the appointments of these candidates are cancelled.

"No candidate can be appointed once the entire examination process and results have been declared void," the top court ruled.

Giving relief to appointed candidates who did not fall within the category of tainted candidates but were previously employed in different departments of the state government or with autonomous bodies, the Supreme Court said that these candidates will have the right to apply to their previous departments or autonomous bodies to continue in service with those entities, and if necessary, supernumerary posts may be created for persons appointed in the interregnum.

"These applications must be processed by the respective government departments or bodies within three months, and the candidates will be allowed to resume their positions. Further, the period between the termination of their previous appointment and their rejoining will not be considered a break in service. Their seniority and other entitlements will be preserved, and they will be eligible for increment," the CJI Khanna-led Bench added.

The Supreme Court clarified that for the period these candidates were employed under the disputed appointment, no wages will be paid by the state government or autonomous bodies.

In relief to disabled candidates, it said that these candidates will be permitted to continue and will receive wages until the fresh selection process and appointments are completed.

"The disabled candidates will be allowed to participate in the fresh selection process, if required, with age relaxation and other concessions. Similarly, other candidates who are not specifically tainted will also be eligible to participate, with appropriate age relaxation," the CJI Khanna-led Bench said.

It said that the challenge to the CBI probe into the creation of supernumerary posts by the West Bengal government will be listed for hearing on April 4.

On May 7, 2024, a Bench headed by then CJI D.Y. Chandrachud stayed the operation of the impugned order passed by the Calcutta High Court cancelling school jobs.

The then CJI Chandrachud-led Bench had allowed the Central Bureau of Investigation (CBI) to continue with its investigation into the alleged scam but restricted the agency from taking any coercive action against the candidates or officials.

In an order passed in the third week of April 2024, the Calcutta High Court nullified the appointment of the candidates selected from the expired panels and asked them to return the entire salary drawn during their tenures, along with an annualised interest of 12 per cent, within the next four weeks.

Besides directing the WBSSC to initiate the recruitment process afresh, a division bench of Justices Debangsu Basak and Shabbar Rashidi of the Calcutta HC also directed the probe agency to carry on with its investigation into the matter.

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Taking cognisance of the state Cabinet’s decision for the creation of supernumerary posts, it had said that the CBI, if necessary, can question the masterminds behind the creation of the seats in excess of the vacant posts. These posts, which have remained under the cloud since the beginning, are perceived to provide room for ineligible candidates recruited illegally.

In July 2023, the apex court had set aside an interim direction passed by the Calcutta High Court terminating the service of 32,000 primary teachers and asking the West Bengal authorities to complete the recruitment process for the newly created vacancies within three months. Asking the Calcutta High Court to decide the appeal pertaining to the school-jobs-for-cash scam at the earliest, the Supreme Court had stressed that the opportunity for a hearing has to be given to all concerned.