The Supreme Court of India has upheld the Calcutta High Court’s ruling that nullified nearly 25,000 teaching and non-teaching staff appointments made by the West Bengal School Service Commission (WBSSC) in 2016. The apex court agreed with the High Court’s findings that the recruitment process was tainted by fraud and manipulation beyond repair.
A bench led by Chief Justice of India (CJI) Sanjiv Khanna and Justice Sanjay Kumar reviewed multiple petitions challenging the High Court’s order. The judges concluded that the entire selection process was deeply compromised and thus could not be salvaged.
CJI Khanna stated:
"In our opinion, this is a case where the entire selection process is vitiated and tainted beyond resolution. Manipulation and fraud on a large scale, coupled with the intention to cover up, have tainted the selection process beyond repair. The legitimacy and credibility of the selection process are denuded."
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Given the fraudulent nature of these appointments, the Court found no justification to alter the High Court’s decision. Candidates who had benefited from the scam will have their appointments revoked, and those who received salaries illegally may be required to refund them.
The Court acknowledged that some candidates were not involved in fraudulent practices. These individuals, especially those who previously worked in government or autonomous bodies, were granted the opportunity to reapply for their previous roles. Their applications must be processed within three months, and their seniority and salary increments will remain unaffected.
However, the Court made it clear that no fresh appointments would be made until the entire examination and selection process is re-evaluated and conducted fairly.
One disabled candidate was allowed to continue employment based on humanitarian grounds, as directed by the High Court. However, other disabled candidates were not granted the same relief.
The Supreme Court ruled that disabled candidates will continue receiving wages until a fresh selection process is completed. They will also be allowed to participate in the new recruitment process with necessary age relaxations and concessions.
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CBI Investigation and Evidence of Manipulation
The Supreme Court will separately hear the Special Leave Petition filed by the West Bengal government against the High Court’s directive for a Central Bureau of Investigation (CBI) probe into the matter.
The CBI’s investigation has already uncovered significant discrepancies in the recruitment process. The commission had tasked NYSA Communications with scanning OMR sheets, but NYSA had sub-contracted the job to Data Scantech Solutions, raising concerns about potential tampering. The CBI recovered crucial evidence, including hard disks containing manipulated marks.
The CBI report revealed:
"The written marks awarded to candidates, as available on the server of the commission, had been increased to qualify undeserving candidates. This mismatch establishes that manipulation in marks of written examinations was resorted to, and such candidates were identified."
Furthermore, the original OMR sheets were destroyed within a year of the exam, per SSC regulations, leaving no way to verify the authenticity of scanned copies.
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Several senior advocates represented different stakeholders in the case:
Sr. Adv. Vibha Makhija argued that instead of canceling the entire recruitment process, only those found guilty of manipulation should be removed.
Sr. Adv. Jaideep Gupta (representing WBSSC) countered that discrepancies in recommendations and appointments arose due to procedural issues, not deliberate fraud.
Sr. Adv. PS Patwalia and Karuna Nandy questioned the reliability of the CBI’s recovered data.
Sr. Adv. Meenakshi Arora emphasized the need for show-cause notices to ensure due process before declaring candidates “tainted.”
Sr. Adv. Dushyant Dave objected to the CBI inquiry, arguing that Justice Abhijit Gangopadhyay, who ordered it, later joined the BJP, raising concerns about political bias.
Sr. Adv. AM Singhvi and Sr. Adv. Rakesh Dwivedi advocated for segregating untainted candidates from the fraudulent ones.
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Background: The Cash-for-Jobs Scam
The WBSSC recruitment scam came to light following allegations of large-scale corruption in the hiring process. The Calcutta High Court, in its verdict on April 22, 2024, declared the appointments null and void, citing blatant irregularities.
The State Government argued that the High Court should have distinguished between valid and fraudulent appointments instead of scrapping the entire selection process. Officials also warned that removing 25,000 staff members would create a massive staffing gap in government schools, disrupting the academic schedule.
Additionally, the State challenged the High Court’s order to complete a fresh recruitment drive within two weeks of the upcoming election results, citing logistical difficulties.
Case Details : THE STATE OF WEST BENGAL vs. BAISHAKHI BHATTACHARYYA (CHATTERJEE) SLP(C) No. 009586 - / 2024 and connected matters
