When Segregation Of Tainted Posts Possible, Entire Bengal Job Process Can't Be Set Aside: SC | Top Updates

The Supreme Court, while hearing a batch of pleas, challenging the Calcutta High Court’s April 22 decision that invalidated the appointment of 25,753 teachers and non-teaching staff in state-run and state-aided schools of West Bengal on Tuesday, said it would be unwise to set aside appointments altogether as the tainted ones could be segregated.

Terming the alleged recruitment scam in West Bengal “systemic fraud”, the Supreme Court on Tuesday said authorities were duty-bound to maintain the digitised records about the appointment of the teachers and non-teaching staff.

A bench comprising Chief Justice DY Chandrachud and Justices JB Pardiwala and Manoj Misra passed a story order staying the Calcutta High Court’s April 22 order.

The Calcutta had asked the CBI to investigate further into the irregularities in the recruitment of 25,753 teachers and non-teaching staff by the 2016 School Service Commission (SSC) and also ordered fresh appointments within 15 days.

The top court, however, directed that the salaries of the illegal appointees would have to be refunded. It also allowed the Central Bureau Investigation (CBI) to continue the probe into the case as per directions of the high court order. However, the court told the probe agency that no coercive action could be taken against the officials or appointees.

The court made strong remarks during the hearing. Here are the top quotes.

1. During the hearing, Chief Justice of India DY Chandrachud said, “However sensitive or politically flawed the matter is, we should be concerned with the legality of the issues. Levelling allegations against HC judges will not lead us anywhere.”
2. He added, “We all may have different political ideologies, but we should abide by the law.”
3. The court said, “It further emerged during investigation that the company which was awarded the contract had further assigned the work to a company called Data Scan-Tech.”
4. As the tainted appointments can be segregated, it would be unwise to set aside the appointments in entirety, the CJI said.
5. “We are inclined to continue the interim protection subject to the express stipulation that any person found to have been appointed illegally and has continued as a consequence of the present order shall undertake to refund the salary drawn,” he said.

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