In a major setback to Chief Minister Mamta Banerjee’s government, the Supreme Court on Thursday upheld the Calcutta High Court’s decision to cancel the appointment of 25,753 teachers in West Bengal government run schools, stating that the entire selection process was vitiated by “manipulation and fraud.”

Upholding the cancellation of the appointments by the Calcutta High Court, a bench of Chief Justice Sanjiv Khanna and Justice Sanjay Kumar in a judgment pronounced today said, “Accordingly we uphold the impugned judgment cancelling en bloc/entire selection process but have made certain modifications in the directions issued by the High Court. The appeals are disposed of in aforesaid terms.”

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Chief Justice Sanjiv Khanna said, “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.”

Referring to the coverup by the WBSSC, the judgment said, “In spite of the factual background and the credible evidence indicating irregularities, WBSSC initially did try and cover up the lapses and illegalities. The cover up itself has made the verification and ascertainment more difficult or rather impossible given the scale of camouflage and dressing up done at each stage. We are convinced that the entire selection process was intentionally compromised due to the illegalities involved.”

The judgment has said, “The last question relates to the relief and whether it requires any modification. 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.”

It further said, “For 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, which violated Articles 14 and 16 of the Constitution. As such, the appointments of these candidates are cancelled.”

However, the judgment said that the candidates who were already employed need not be asked to refund or restitute any payments made to them. However, their services will be terminated. Furthermore, no candidate can be appointed once the entire examination process and results have been declared void.”

In a relief to candidates not found to be tainted and were working with the different department or autonomous bodies, of the State in West Bengal, the judgment said that some of the appointed candidates who do not fall within the category of tainted candidates may have previously worked in different departments of the State Government or with autonomous bodies, etc.

In such cases, although their appointments are cancelled, these candidates will have the right to apply to their previous departments or autonomous bodies to continue in service with those entities.

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 judgment said that 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 increments. However, for the period they were employed under the disputed appointment, no wages will be paid by the State Government or autonomous bodies.

Further, the court said that if required and necessary, supernumerary posts may be created for persons appointed in the interregnum.

On the disabled candidates, the judgment refused to interfere with the High Court allowing the appointment of the one candidate, but said it would not apply to other differentlyabled candidates as it would contradict legal principles and the rule of law.

However, the court said that in consideration of their disability, these candidates will be permitted to continue and will receive wages until the fresh selection process and appointments are completed.

On another aspect, the judgment said, “We, however, will independently take up the issue raised in the appeal(s) filed by the State of West Bengal with regard to the direction of investigation by the CBI on the decision taken to create supernumerary posts. The Special Leave Petition(s) to this extent will be listed for hearing on 8.04.2025.”