SC invalidates appointment of 25,753 teachers, other staff in West Bengal schools
New Delhi (PTI): In a major jolt to the West Bengal government, the Supreme Court on Thursday invalidated the appointment of 25,753 teachers and other staff in state-run and state-aided schools, and termed the entire selection process "vitiated and tainted".
A bench comprising Chief Justice of India (CJI) Sanjiv Khanna and Justice Sanjay Kumar upheld a Calcutta High Court verdict dated April 22, 2024, annulling the appointments and ordered the Trinamool Congress-led state government to initiate a fresh selection process to be concluded within three months.
"In our opinion, this is the case where the entire selection process is vitiated and tainted beyond resolution. Manipulations and frauds on a large scale, coupled with attempts to cover-up, have dented the selection process beyond repair.
"The credibility and legitimacy of selection are diluted, and accordingly, we have to keep it (order of the high court) with some modifications," the CJI said while pronouncing the verdict on as many as 127 petitions pertaining to the Calcutta High Court verdict.
The CJI also said the employees whose appointments have been annulled are not needed to return their salaries and other emoluments earned so far.
It, however, made relaxation for certain disabled employees on humanitarian grounds, saying they would remain in the job.
The bench fixed pleas, including the one filed by the West Bengal government challenging the high court direction for a CBI probe, for hearing on April 4.
The detailed judgement is awaited.
On February 10, the top court reserved its judgement on a batch of petitions in the matter and said that those who got jobs wrongly may be knocked out.
The top court commenced the final hearing on December 19 last year and heard the parties on January 15, 27 and February 10 before reserving its verdict on the politically-sensitive case.
Citing irregularities such as OMR sheet tampering and rank-jumping, the high court had invalidated the appointment of 25,753 teachers and non-teaching staff in state-run and state-aided schools in West Bengal.
On May 7 last year, the apex court stayed the high court's order over the appointments made by the state's School Service Commission (SSC).
The top court, however, permitted the CBI to continue with its probe into the matter.
The case stemmed from the alleged irregularities in the 2016 recruitment process conducted by the West Bengal SSC in which 23 lakh candidates appeared for 24,640 posts and a total of 25,753 appointment letters were issued.
The apex court had termed it a "systemic fraud".
The high court instructed those appointed outside the officially available 24,640 vacancies, those recruited after the expiry of the official date, and those who submitted blank OMR sheets but obtained appointments to return all the remunerations and benefits received by them with 12 per cent per interest.
Former West Bengal education minister Partha Chatterjee and Trinamool Congress MLAs Manik Bhattacharya and Jiban Krishna Saha are among the accused being probed in the recruitment scam.
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BCI urges CJI to take action against Andhra HC judge for sending young lawyer to 24-hour custody
New Delhi (PTI): The Bar Council of India on Wednesday sought the urgent intervention of Chief Justice of India Surya Kant following a "deeply disturbing" incident where a judge of the Andhra Pradesh High Court reportedly sent a young advocate to
24-hour judicial custody over a procedural lapse.
The Bar Council of India (BCI) Chairperson and senior advocate Manan Kumar Mishra, in a formal representation, termed the conduct of Justice Tarlada Rajasekhar Rao "grossly inappropriate" and "damaging to the confidence of the Bar".
“I most respectfully request your Lordship to kindly take immediate institutional cognizance of the matter and call for the video recording of the proceedings, the order passed, and the surrounding circumstances.
“I further request that appropriate administrative action may kindly be considered, including withdrawal of judicial work from the learned Judge pending review, his immediate transfer to some far off High Court, and his nomination for appropriate judicial training/orientation on court management, judicial temperament, Bar-Bench relations, and proportional exercise of contempt/judicial authority,” Mishra wrote.
This representation is made to preserve the “dignity, moral authority and public confidence of the judiciary”, he said, adding, “Judges command the highest respect not by fear, but by fairness, patience, restraint and constitutional humility”.
The communication urged the CJI to intervene at the earliest to ensure that the faith of Bar, particularly young advocates, in the protective and corrective role of the judiciary is restored.
The controversy stems from proceedings on May 5.
According to the BCI, a video circulating online shows Justice Rao rebuking a young advocate who was unable to produce a specific order copy during a hearing.
The letter said that despite the advocate "repeatedly seeking pardon and mercy" and claiming he was in physical pain, the judge remained "unmoved".
The judge allegedly told the lawyer, "now you will learn," and mocked his experience before directing the Registrar and police personnel to take him into custody for 24 hours.
The BCI chairperson said that the judge’s actions lacked proportionality and fairness.
"The dignity of the court is not enhanced when a lawyer is made to beg for grace in open court and is still sent to custody for a procedural lapse," the letter said.
"A young lawyer... is an officer of the Court, still learning, still growing, and entitled to correction without humiliation," it added.
The bar body said that such actions create a "chilling effect" on the legal fraternity, particularly among junior members, and undermine the mutual respect required between the Bench and the Bar.
