SC stays CBI probe into West Bengal govt officials' role in teacher recruitment scam
New Delhi, Apr 29: The Supreme Court on Monday stayed a Calcutta High Court order directing the CBI to probe the role of West Bengal government officials in a teacher recruitment scam. It, however, refused to stay for now the cancellation of the appointment of over 25,000 teachers and non-teaching staff.
The top court was hearing a plea by the West Bengal government against a high court order invalidating the appointment of 25,753 teachers and non-teaching staff made by the School Service Commission (SSC) in state-run and state-aided schools.
A bench of Chief Justice DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra, however, refused to stay the high court order cancelling the appointments and said it will hear the matter on May 6.
Observing that taking away the jobs of about 25,000 persons is a serious matter, the top court asked if it is possible to segregate the valid and invalid appointments on the basis of the material available and who the beneficiaries of the fraud are.
"We will stay the direction which says the CBI (Central Bureau of Investigation) will undertake further investigation against officials in the state government," the bench said.
Calcutta High Court had said the CBI would undertake further investigations with regard to the persons in the state government involved in approving the creation of supernumerary posts to accommodate illegal appointments.
If necessary, the CBI will undertake custodial interrogation of such persons involved, it had said.
Challenging the order, the state government, in its appeal filed before the top court, said the high court cancelled the appointments "arbitrarily".
"The high court failed to appreciate the ramification of cancelling the entire selection process, leading to straightaway termination of teaching and non-teaching staff from service with immediate effect, without giving sufficient time to the petitioner state to deal with such an exigency, rendering the education system at a standstill," the plea said.
Calcutta High Court last week declared the selection process as "null and void" and directed the CBI to probe the appointment process. It also asked the central agency to submit a report within three months.
"All appointments granted in the selection processes involved being violative of articles 14 and 16 of the Constitution of India, are declared null and void and cancelled," the high court said in its April 22 order.
The high court said those appointed outside the officially available 24,640 vacancies, appointed after the expiry of the official date of recruitment, and those who submitted blank Optical Mark Recognition (OMR) sheets but obtained appointment to return all remunerations and benefits received by them with 12 per cent interest per annum within four weeks.
Observing that it had given "anxious consideration to the passionate plea" that persons who obtained the appointments legally would be prejudiced if the entire selection process was cancelled, the bench said it hardly had any choice left.
The high court held that all appointments involved were violative of articles 14 (equality before law) and 16 (prohibiting discrimination in employment in any government office) of the Constitution.
"It is shocking that, at the level of the cabinet of the state government, a decision is taken to protect employment obtained fraudulently in a selection process conducted by SSC for state-funded schools, knowing fully well that, such appointments were obtained beyond the panel and after expiry of the panel, at the bare minimum," the high court had said.
It said unless "there is a deep connection between the persons perpetuating the fraud and the beneficiaries" with persons involved in the decision-making process, such action to create supernumerary posts to protect illegal appointments is "inconceivable".
The division bench had also rejected a prayer by some appellants, including the SSC, for a stay on the order and asked the commission to initiate a fresh appointment process within a fortnight from the date of the results of the ongoing Lok Sabha elections.
The bench, constituted by the high court chief justice on a direction of the Supreme Court, had heard 350 petitions and appeals relating to the selection of candidates for appointment by the SSC in the categories of teachers of classes 9, 10, 11 and 12 and group-C and D staffers through the SLST-2016.
In its 282-page judgment, the high court had said retaining appointees selected through "such a dubious process" would be contrary to public interest.
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Controversy surrounding book on Shivaji Maharaj 'unwarranted', says Fadnavis
Solapur (PTI): Maharashtra Chief Minister Devendra Fadnavis on Tuesday termed as "unwarranted" the controversy over a book on Chhatrapati Shivaji Maharaj, in which Shiv Sena MLA Sanjay Gaikwad allegedly made objectionable remarks against its publisher.
An audio clip surfaced last week on social media, in which Gaikwad was heard using offensive language and threatening Kolhapur-based publisher Prashant Ambi. The MLA referred to the book titled 'Shivaji Kon Hota' (Who was Shivaji), written by CPI leader Govind Pansare and originally published in 1988.
Talking to reporters here, CM Fadnavis, "The book was published in the 1980s. Have those who have raked up a controversy read the book? The stature of the warrior king is so big that no one can insult him. Whatever is happening is anti-social and insensitive."
The controversy over the book is unwarranted, he said, and cautioned against attempts to sensationalise issues merely to remain in the news.
When asked about the BJP's candidates for the upcoming legislative council polls, Fadnavis said appointments and candidate selections are decided by the party's parliamentary board, and not by him individually.
"All decisions will be taken as per the party process," he said, adding that discussions are ongoing and outcomes will be known after due deliberations.
Nine council members, including former chief minister Uddhav Thackeray, are retiring on May 13. As per the schedule announced by the Election Commission of India, polling will be held on May 12. The counting of votes will take place on the same day at 5 pm, and the entire process is expected to be completed by May 13.
The BJP has decided to contest four of the nine seats in the biennial elections.
On the sugar sector, he said the state has consistently achieved over 99 per cent of the Fair and Remunerative Price (FRP) payments to farmers, though there may be minor fluctuations due to market conditions affecting sugar mills.
He added that the government has extended support to the sector and held meetings to address issues faced by factories. A committee has been formed to review post-season challenges and suggest policy measures, including possible assistance from the Centre.
