– Mita Mukherjee
The Supreme Court on Tuesday stayed the Calcutta High Court order that cancelled the recruitment of over 25,000 teachers and non-teaching employees of state-aided schools by the West Bengal School Service Commission.
The top court, however, warned that those teachers and non-teaching staff whose appointments were found to be illegal would have to refund their salaries to the state.
A bench headed by Chief Justice of India D.Y. Chandrachud allowed the CBI to continue its investigation into the alleged scam provided the agency did not arrest the accused persons. The court posted the matter for further hearing to July 16.
“Bearing in mind the present state of proceedings, an expedited hearing is called for and we accordingly list the matter on July 16. In the meantime, we are inclined to continue the ad interim protection given earlier by this court in the order dated November 9, 2023, subject to the express stipulation that any person found to have been appointed illegally and continuing as a consequence of the present order shall refund the salaries that would come to the four categories of individuals…” the CJI said while dictating the order
The bench, which included Justices J.B. Pardiwala and Manoj Misra, passed the directions after a marathon hearing that started at 10.30 am and concluded at 5.15 pm.
The bench said : “ The court cannot be unmindful of the teachers appointed in large numbers and the consequence of upholding the impugned judgment (of the high court….. The public job is scarce and nothing remains if the faith of the public goes. This is a systemic fraud. What remains in the system if their appointments are also maligned? People will lose faith.”
The apex court was dealing with a special leave petition (SLP) filed by the state government challenging the Calcutta High Court order.
On April 29, the Supreme Court had stayed the high court order directing a probe into the role of state government in creating supernumerary posts but the apex court had refrained from staying the entire order of high court cancelling the recruitment process but agreed to take up the matter for further hearing.
Chief minister Mamata Banerjee welcomed the apex court’s order and said she was “happy” and “mentally relaxed.”
“ I am really very happy and mentally relaxed on receipt of justice at the highest Court of the land. Congratulations to the entire teaching fraternity and my humble regards to the Hon’ble Supreme Court of India,” the chief minister posted on X.
The state challenged the blanket cancellation of the appointments of over 25,000 teachers and non-teaching staff and said that this would lead to a vacuum in the schools.
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Posted in News, States
