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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2nd phase of Bengal poll: 39.97 per cent polling till 11 am amid sporadic violence
Kolkata (PTI): Nearly 40 per cent of the 3.21 crore electors voted till 11 am of the second phase of polling in West Bengal amid sporadic violence, while tension gripped the Bhabanipur seat briefly as Chief Minister Mamata Banerjee and Suvendu Adhikari took swipes at one another in the same booth area.
Voters queued up from 7 am outside booths in Kolkata, Howrah, Hooghly, Nadia, North and South 24 Parganas and Purba Bardhaman districts, which form Bengal's electoral and political core.
Of the total electorate eligible to vote in this phase, 1.57 crore are women, and 792 are third-gender.
Till 11 am, West Bengal recorded 39.97 per cent polling with Purba Bardhaman registering the highest turnout at 44.50 per cent, followed by Hooghly at 43.12 per cent and Nadia at 40.34 per cent.
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Howrah recorded 39.45 per cent polling, while North 24 Parganas registered 38.43 per cent. Kolkata North and Kolkata South recorded 38.39 per cent and 36.78 per cent turnout, respectively.
South 24 Parganas, a politically crucial district witnessing several high-profile contests, recorded 37.9 per cent voting.
The first phase of polls in 152 Assembly seats of West Bengal on April 23 also recorded more than 41 per cent polling till 11 am.
"Polling is underway peacefully, barring some minor incidents in certain areas. We have sought reports from the officials concerned," a poll panel official said.
The early-morning convergence of Banerjee and Adhikari at the same booth area in Chakraberia turned Bhabanipur -- the chief minister's electoral bastion -- into the centrepiece of the day, reinforcing the symbolic weight of their prestige battle seen as a rematch of Nandigram, where the BJP leader had defeated her in 2021.
Banerjee was already seated outside the booth after receiving complaints of alleged intimidation of local TMC leaders when Adhikari arrived there amid heavy deployment of central forces.
Stepping out of his car, Adhikari declared, "I will not allow any hooliganism", while Banerjee accused the BJP of trying to "rig" the election using central forces, police observers and election officials.
"BJP wants to rig this election. Polls in Bengal are usually peaceful. Is there goonda raj here?" Banerjee told reporters, alleging CRPF personnel had visited the homes of TMC leaders late Tuesday night and unleashed terror in the area.
She alleged that election observers were acting at the BJP's behest and claimed TMC workers were being selectively targeted across districts.
Adhikari dismissed the charges as signs of "frustration", claiming Banerjee had realised that "not a single vote" was coming her way.
Banerjee, who usually steps out of her Kalighat residence late in the day to cast her vote at Mitra Institution School, broke convention and hit the ground before 8 am, moving through Chetla, Padmapukur and Chakraberia, underlining the stakes attached to Bhabanipur and the wider battle for south Bengal.
Reports of violence, vandalism and tension surfaced from several districts.
In Nadia district's Chapra, a BJP polling agent was allegedly assaulted inside a booth during a mock poll. The BJP accused TMC supporters of attacking its agent, while the ruling party denied the charge. In Shantipur, a BJP camp office was found vandalised.
In South 24 Pargana's Bhangar, the ISF alleged that its polling agents were prevented from entering booths.
Howrah's Bally constituency saw tension at a booth in Liluah after an EVM malfunction delayed voting, prompting central forces to lathi-charge agitated voters. Two people were arrested in the matter.
Police and RAF personnel were also seen chasing away crowds near a booth in Amdanga following complaints of unlawful gathering by bike-borne supporters.
In Panihati, BJP candidate Ratna Debnath, the mother of the RG Kar victim, faced protests and her car was allegedly stopped by TMC workers, while in Jagaddal, the recovery of a firearm near a polling booth triggered tension before police and central forces restored order.
BJP candidate from Basanti assembly constituency in South 24 Parganas, Bikash Sardar, on Wednesday, alleged that "200-250 TMC goons" attacked his car and assaulted his driver when he was visiting polling booths in the constituency.
The TMC did not immediately respond to the allegations.
Unlike the first phase, where the BJP sought to defend its north Bengal gains, the final round has shifted the battle squarely to the TMC's strongest belt.
In 2021, the ruling party had won 123 of these 142 seats, leaving just 18 for the BJP and one for the ISF. For the BJP, breaching this southern fortress remains critical if it hopes to mount a serious challenge for power in the state.
