The Supreme Court has set aside an interim order of the Calcutta High Court, which directed the West Bengal Board of Primary Education (WBBPE) to conduct a fresh selection process for 32,000 teacher posts. Justices JK Maheshwari and KV Viswanathan passed the order, clarifying that their decision does not comment on the merits of the case.
The Supreme Court bench acknowledged that the High Court single judge had issued the initial order without hearing the teachers or their representatives, which led them to conclude that the division bench order upholding the fresh selection exercise was unjustified. Consequently, the top court has overturned the order.
Additionally, the Supreme Court has directed the High Court to expedite the hearing of the case related to the school jobs for cash scam. This decision aims to ensure a swift resolution to the matter.
The case originated from an appeal against a Calcutta High Court order issued on May 19. The single judge, Justice Abhijit Gangopadhyay, had set aside the appointment of 32,000 teachers in West Bengal. The division bench of Justices Subrata Talukdar and Supratim Bhattacharya stayed the order but upheld the requirement for a fresh selection process by the end of August 2023.
The terminated teachers' counsel argued in the Supreme Court that their clients were not given an opportunity to be heard or provided interim protection. On May 12, Justice Gangopadhyay had nullified the appointments, citing a recruitment scam known as the school jobs for cash scam. The judge found irregularities in the recruitment process, including the appointment of untrained candidates with low scores in the Teachers Eligibility Test (TET).
According to the judge's findings, these candidates were allegedly awarded extra marks or maximum scores in aptitude tests that were conducted only on paper. The judge also highlighted the absence of a proper selection committee and the involvement of an external agency in the recruitment process, which violated the Recruitment Rules.
As a result of the Supreme Court's decision, the Calcutta High Court's order for a fresh selection exercise has been set aside. The case will now be heard expeditiously by the High Court to address the concerns surrounding the school jobs for cash scam and the appointment of teachers in West Bengal.
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