Manas Dasgupta
NEW DELHI, Apr 3: In a major set-back to the Trinamool Congress government in West Bengal, the Supreme Court on Thursday upheld the Calcutta High Court’s decision to annul the appointment of 25,753 teachers and other staff in state-run and state-aided schools in West Bengal, prompting the chief minister Mamata Banerjee to declare that she was unable to accept the verdict on humanitarian grounds though her government had instructed the West Bengal School Service Commission (WBSSC) to complete the fresh recruitment process in three months as per the court’s order.
A Bench of Chief Justice of India Sanjiv Khanna and Justice PV Sanjiv Kumar refused to interfere with the High Court’s verdict in the alleged “school jobs-for-cash scam” observing that the appointments of over 25,000 teaching and non-teaching staff by the WBSSC in 2016 were vitiated by fraud.
It, however, made relaxation for certain disabled employees on humanitarian grounds, saying they would remain in the job. The bench fixed pleas, including the one filed by the West Bengal government, challenging the high court direction for a CBI probe, for hearing on April 4.
“For a few guilty people, why is everyone punished? The earlier Chief Justice has stayed it (the Calcutta High Court order), so why does the sitting Chief Justice not look at it from a humanitarian perspective,” Ms Banerjee, who immediately convened a cabinet meeting to discuss the apex court verdict, said, adding that she respects the Chief Justice of India and was only questioning the verdict.
The Chief Minister said the State Education Department has informed the West Bengal School Service Commission about the “feelings” of the government that a fresh recruitment process for the 24,000 teachers should be completed in three months as per instructions of the Court. “We accept the Supreme Court judgment and have informed the West Bengal School Service Commission about our feelings that a fresh recruitment should be completed within three months as suggested by the Court,” Ms Banerjee added. She also hinted that her government might approach the apex court with a review petition on the verdict.
Soon after the Supreme Court order, teachers gathered at Shahid Minar grounds and many of them broke into tears. The Opposition parties also hit the streets blaming Chief Minister Mamata Banerjee for the crisis. Soon after the Supreme Court ruling, the BJP demanded Banerjee’s resignation, saying that she should take full responsibility for the alleged scam case.
In an X post, Majumdar wrote, “The sole responsibility for this massive corruption in teacher recruitment lies with the failed Chief Minister of the state.” “The Supreme Court’s verdict has made it clear how, under Mamata Banerjee’s rule, the merit of educated unemployed youth in West Bengal was sold in exchange for money,” he added. “No more forgiveness,” Majumdar’s post read.
“We have gone through the facts. Regarding findings of this case, entire selection process is vitiated by manipulation and fraud and credibility and legitimacy is denuded. No reason to interfere. Tainted candidates must be terminated and appointments were resultant of cheating and thus fraud,” the Court said in its judgment.
The court, however, said the candidates who have already been appointed need not hand over the salary they have received so far. The bench also ordered that a new selection process should be finished within three months. “The fresh selection process can also have relaxations for untainted candidates,” the court said.
BJP leader Amit Malviya called the Supreme Court’s ruling a “crushing defeat” for Mamata. “Crushing defeat for West Bengal Chief Minister Mamata Banerjee as the Supreme Court upholds the Calcutta High Court’s decision invalidating nearly 25,000 teaching and non-teaching staff appointments made by the West Bengal School Service Commission (SSC) in 2016. Mamata Banerjee’s close aide, Partha Chatterjee—who served as the Education Minister and was caught with wads of cash—is already in jail for his role in the scam. The Chief Minister, under whose watch this massive fraud ruined the careers of thousands of youths, must also be held accountable and face trial,” Malviya posted on X.
The Bengal jobs-for-cash scam relates to the illegal hiring of teachers and staff in the primary and secondary schools during the 2016 recruitment process. In 2016, more than 23 lakh candidates took exams for 25,000 job openings. However, later complaints were raised to the Calcutta High Court that several candidates were given jobs unfairly as their answer sheets were wrongly checked.
In April last year, the Calcutta High Court cancelled all such appointments and said it was unclear how the 23 lakh answer sheets were checked. The court also ordered a re-evaluation of all of them. The High Court had declared all such recruitment invalid and ordered the employees to return their salaries. The court also directed a CBI investigation into the matter.
Ms Banerjee also alleged the BJP wanted to target the education system of the state, and that this was done by the saffron party and the Communist Party of India (Marxist) jointly. “We are studying the verdict. We have the highest regard for the judiciary, but, as a citizen of the country, I have every right to say that I cannot accept this judgment,” Mamata said.
“Our lawyers will review this matter. I know candidates are depressed. I will meet them on April 7 at Netaji Indoor Stadium. I’m with candidates on humanitarian grounds. For this step, if the BJP wants to send me to jail, they can. Catch me if you are ready for that,” the Chief Minister said.
“The BJP wants to target the education system of West Bengal. This all has been done by the BJP and the CPM,” she alleged. “SSC is an autonomous body. We, as a government, will not interfere with their work. If the court mentioned three months (for a fresh selection process), we are with candidates on humanitarian grounds,” the Chief Minister said.
“If 25,000 teachers do not go to school, will it not be a problem for the education system? Is this a plan? Do you want to collapse the education system,” she asked. She also said candidates who are already employed do not have to pay the money back.
“I know teachers are depressed today, those whose jobs are cancelled, we are with them. Our lawyers will do a review on this. Candidates who are already employed don’t have to pay back the money,” Mamata said.
Referring to the BJP demanding her resignation over the alleged scam, Mamata said, “(BJP president and Union Minister of State for Education) Sukanta Majumdar said I’m responsible for this. Why are they targeting Bengal all the time? I was born in Bengal and I know the intention of the BJP and central government.”
The West Bengal school recruitment scam came to the fore with the arrest of former Education Minister Partha Chatterjee in July 2022. Several officials of the State Education Department and School Service Commission were arrested for the involvement in the scam.
One key aspect of the SC judgment was that those appointed through fair means have also suffered like the tainted candidates. Raking this up, Ms Banerjee asked why so many people must be punished for a few. “It’s not just 25,000 candidates, their families are impacted too,” she said.
Referring to the huge cash recovery from the residence of Delhi High Court judge Yashwant Varma, she said, “If you recover money from a sitting judge’s home, he is only transferred. Then why were these candidates not transferred? The first judge to give this order is now a BJP MP. BJP and CPM have conspired to lead to this verdict,” she said.
Alleging a conspiracy to target Bengal, she asked if it was a crime to be born in the state. She questioned who would teach in classrooms if so many teachers lost their jobs. She said over 11,000 of the affected teachers taught in Class 9 and 10 and over 5,500 in Class 11 and 12. “Class 9-12 are very important classes, the gateway to higher education. Many of them are correcting answer sheets of board exams. Do BJP and CPM want the education system to collapse?” she asked.
