‘Process tainted’: SC upholds dismissal of 25K WB teachers-OxBig News Network

“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,” a Bench led by Chief Justice of India Sanjiv Khanna said.

Upholding the Calcutta High Court’s April 22, 2024 verdict annulling the appointments, the top court concluded that there was “large-scale manipulation and tampering with results, including rank-jumping, discrepancies in marks”.

“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 said.

“We uphold the impugned judgment cancelling en bloc/entire selection process but have made certain modifications in the directions issued by the high court,” it said.

Indicting the West Bengal School Service Commission (WBSSC) for trying to cover up the lapses and illegalities, the Bench said, “The contradictory stance of WBSSC on the possession and destruction of scanned/mirror copies of the OMR sheets reflects an attempt to cover up illegalities and lapses in the selection process.”

It said, “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 top court said that no candidate could be appointed once the entire examination process and results had been declared void. “However, candidates (not specifically found to be tainted) who are already employed need not be asked to refund or restitute any payments made to them,” said the Bench, which also included Justice Sanjay Kumar, regarin.

The top court ordered the West Bengal Government to initiate a fresh selection process and complete it in three months. It said petitions challenging the Calcutta High Court’s order for a CBI probe into the quashed appointments would be heard on April 8.

Reacting to the verdict, West Bengal Chief Minister Mamata Banerjee said she could not accept the top court’s verdict even as she said she will abide by it. “While I have the highest respect for the judiciary and judges, I cannot accept the judgment from a humanitarian point of view. As a citizen of this country, I have every right to an opinion. I respect the judge and the judiciary, but I can’t agree with the judgment,” she said.