west-bengal-govt-moves-sc-over-calcutta-hc-s-ruling-on-teachers-recruitment-case

The West Bengal government has filed an appeal with the Supreme Court challenging a Calcutta High Court order that declared the entire selection process for teachers and non-teaching staff conducted by the School Service Commission (SSC) in 2016 null and void.

 

The High Court's verdict effectively cancelled the appointments of over 23,000 individuals recruited through the SSC process. 

 

The state government argues that the High Court's decision was "cursory" and disregarded the significant disruption it would cause to the state's education system.

 

The petition, filed through advocate Astha Sharma, contends that the High Court's order overlooked the ramifications of cancelling the entire selection process. 

 

The immediate termination of such a large number of teaching and non-teaching staff, the petition argues, would create a "huge vacuum" in schools across West Bengal, particularly as the new academic session approaches.

 

The West Bengal government further argues that the High Court's decision disproportionately impacted those who were legitimately appointed. 

 

The petition highlights that the Central Bureau of Investigation (CBI) investigation into the recruitment process only identified irregularities in the appointments of approximately 4,327 individuals.

 

The state maintains that the High Court's decision to cancel the appointments of all 23,123 staff members, irrespective of any proven wrongdoing, is unjust.

 

The petition also criticizes the High Court's directive for the SSC to conduct a fresh selection process within a "fortnight" of the upcoming election results. 

 

The state argues that this timeframe is unrealistic and fails to consider the potential delay in completing the selection process and making new appointments. 

 

Such a delay, the petition warns, would leave schools in West Bengal "seriously understaffed" and negatively impact students' education.

 

The West Bengal government further claims a violation of natural justice principles. The petition argues that the state was not granted an opportunity to respond to allegations regarding the creation of "conditional supernumerary posts." 

 

This lack of due process, the petition contends, undermines the fairness of the High Court's decision. The appeal also highlights the existence of an ongoing Supreme Court case concerning the same issue. 

 

The West Bengal government argues that the High Court overstepped its bounds by issuing a verdict on a matter already under consideration by the apex court.

 

The Supreme Court is yet to set a date for hearing the West Bengal government's appeal.