New Delhi, April 8 The Supreme Court on Tuesday set aside the direction passed by the Calcutta High Court, which had ordered the Central Bureau of Investigation (CBI) to probe the creation of supernumerary posts in state-run schools.
These teaching and non-teaching posts, which have remained under the cloud since the beginning, are perceived to provide room for ineligible candidates recruited illegally.
With the latest decision of the apex court, the probe agency will not be able to investigate the sanctity of the decision approving the creation of supernumerary posts.
The SC clarified that its order will not preclude the CBI to probe other aspects of the school job scam case in terms of the Calcutta High Court decision.
The opposition BJP had speculated that Chief Minister Mamata Banerjee would come under the purview of the probe since, as the head of the Cabinet, she would not be able to avoid responsibility for the decision for the creation of supernumerary posts.
On Monday, the Leader of Opposition in the state Assembly, Suvendu Adhikari, said that after Om Prakash Chautala of Haryana, Mamata Banerjee would be the second chief minister of an Indian state to be behind bars in an education scam.
In an order passed in April last year, the Calcutta High Court had nullified the appointment of 25,753 teaching and non-teaching jobs in state-run schools and asked the candidates selected from the expired panels to return the entire salary drawn during their tenures, along with an annualised interest of 12 per cent.
Taking cognisance of the state Cabinet’s decision for the creation of supernumerary posts, the Calcutta HC had said the CBI, if necessary, can question the masterminds behind the creation of the seats in excess of the vacant posts.
Aggrieved, the West Bengal government moved a special leave petition before the Supreme Court. On May 7, 2024, the then CJI D.Y. Chandrachud-led Bench had allowed the CBI to continue with its investigation into the alleged scam but restricted the Central agency from taking any coercive action against the government officials.
Last week, the top court upheld the Calcutta HC order cancelling 25,753 appointments in teaching and non-teaching posts made by the West Bengal School Service Commission (WBSSC) in 2016.
“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. The credibility and legitimacy of the selection are denuded," said a bench of Chief Justice of India (CJI) Sanjiv Khanna and Justice Sanjay Kumar of the apex court.
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