All Appointments of Teachers In West Bengal Made Through The Tainted 2016 Selection Process Are Declared Null And Void: Investigation Handed Over To CBI: Calcutta High Court
In a decisive judgment dated 22 April 2024, the Calcutta High Court declared all appointments made through the 2016 selection process conducted by the West Bengal Central School Service Commission (SSC) as null and void, citing violations of constitutional provisions. This ruling followed a detailed scrutiny into numerous irregularities and illegalities within the recruitment process. Investigation handed over to CBI .
Legal Points of Judgment:
The court highlighted that the entire selection process was plagued by severe breaches of Articles 14 and 16 of the Constitution, which protect equality before the law and equal opportunities in public employment. The decision is seen as a reaffirmation of judicial oversight in ensuring transparency and fairness in public recruitment processes.
Facts and Issues:
The scrutiny into the SSC’s 2016 recruitment process began after various discrepancies were reported, prompting multiple legal challenges. The investigation by the Central Bureau of Investigation (CBI), as directed by earlier court orders, revealed systemic manipulations including tampered OMR sheets and appointments made against expired panels.
Court’s Detailed Assessment:
The bench, consisting of Justice Debangsu Basak and Justice Md. Shabbar Rashidi, meticulously reviewed the findings of the CBI investigation and the SSC’s responses. The court noted the deep-seated corruption and manipulation designed to obfuscate the illegalities, stating, “The entire selection process is shrouded in such mystery and in such layers that it is difficult to fathom the quantum of illegalities performed.”
Quotes from the Judgment:
Highlighting the calculated malfeasance, the court observed, “The entire machinery was devised for the purpose of effectuating a scam which will be hard to discover and even if discovered difficult to prove,” emphasizing the complexity and depth of the corruption involved.
Decision and Orders:
The appointments were annulled, and the court ordered a fresh, transparent reselection process under strict adherence to recruitment rules. Additionally, the CBI has been tasked with further investigations into individuals who benefited from the scam, including possible custodial interrogations to uncover the full extent of the manipulations.
Date of Decision: 22 April 2024
Baishakhi Bhattacharyya (Chatterjee) & Ors. Vs. State of West Bengal & Ors.
