NEW DELHI: In a big setback to the Mamata Banerjee-led Bengal government, the Supreme Court on Thursday upheld a Calcutta high court decision to cancel the recruitment of 25,000 teachers and non-teaching staff to government schools , saying the entire process is tainted and vitiated.
A bench of CJI Sanjiv Khanna and Justice Sanjay Kumar said the entire selection process for recruitment of teachers was "vitiated and tainted" because of large-scale and pervasive manipulations and the subsequent attempts to cover-up the manipulations.
"We have gone through the facts. Regarding the findings of this case, the entire selection process is vitiated by manipulation and fraud, and credibility and legitimacy are denuded. No reason to interfere. Tainted candidates must be terminated and appointments were resultant of cheating and thus fraud," the Court said in its judgment.
However, the apex court clarified that those recruited earlier need not return the salaries they received during their employment.
The court also clarified that those candidates who are not tainted and were working in other departments of the government prior to their selection as teachers, which is now cancelled, would be entitled to resume their previous employment with the department.
The court also ordered a fresh selection process for the recruitment of teachers and non-teaching staff to government and government aided schools in West Bengal.
The Supreme Court reviewed over 120 petitions challenging the high court verdict, including one filed by the West Bengal government.
The final hearing began on December 19 last year, with proceedings taking place on January 15, 27, and February 10 before the court reserved its judgment on the politically significant case.
The high court had annulled the appointment of 25,753 teachers and non-teaching staff in state-run and state-aided schools in West Bengal, citing irregularities such as tampering with OMR sheets and rank manipulation.
On May 7 last year, 2024, the Supreme Court put a stay on the high court's order regarding appointments made by the state's School Service Commission (SSC). However, it allowed the CBI to continue its investigation into the matter.
The case originated from alleged irregularities in the 2016 recruitment process conducted by the West Bengal SSC, where 23 lakh candidates applied for 24,640 posts, but 25,753 appointment letters were issued.
The high court had directed that those appointed beyond the officially available 24,640 vacancies, those appointed after the recruitment deadline, and candidates who submitted blank OMR sheets but still received jobs must return all salaries and benefits received, along with 12 per cent interest.
A bench of CJI Sanjiv Khanna and Justice Sanjay Kumar said the entire selection process for recruitment of teachers was "vitiated and tainted" because of large-scale and pervasive manipulations and the subsequent attempts to cover-up the manipulations.
"We have gone through the facts. Regarding the findings of this case, the entire selection process is vitiated by manipulation and fraud, and credibility and legitimacy are denuded. No reason to interfere. Tainted candidates must be terminated and appointments were resultant of cheating and thus fraud," the Court said in its judgment.
However, the apex court clarified that those recruited earlier need not return the salaries they received during their employment.
The court also clarified that those candidates who are not tainted and were working in other departments of the government prior to their selection as teachers, which is now cancelled, would be entitled to resume their previous employment with the department.
The court also ordered a fresh selection process for the recruitment of teachers and non-teaching staff to government and government aided schools in West Bengal.
The Supreme Court reviewed over 120 petitions challenging the high court verdict, including one filed by the West Bengal government.
The final hearing began on December 19 last year, with proceedings taking place on January 15, 27, and February 10 before the court reserved its judgment on the politically significant case.
The high court had annulled the appointment of 25,753 teachers and non-teaching staff in state-run and state-aided schools in West Bengal, citing irregularities such as tampering with OMR sheets and rank manipulation.
On May 7 last year, 2024, the Supreme Court put a stay on the high court's order regarding appointments made by the state's School Service Commission (SSC). However, it allowed the CBI to continue its investigation into the matter.
The case originated from alleged irregularities in the 2016 recruitment process conducted by the West Bengal SSC, where 23 lakh candidates applied for 24,640 posts, but 25,753 appointment letters were issued.
The high court had directed that those appointed beyond the officially available 24,640 vacancies, those appointed after the recruitment deadline, and candidates who submitted blank OMR sheets but still received jobs must return all salaries and benefits received, along with 12 per cent interest.
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