Kolkata, June 3 The notification issued by the West Bengal School Service Commission (WBSSC) to fill vacant posts of teachers in state-run schools has been challenged at the Calcutta High Court on Tuesday.
The single-judge vacation bench of Justice Raja Basu Chowdhury admitted the petition. The matter is likely to come up for a hearing at his bench on June 5.
The petitioner claimed that certain points in the notification, especially those as regards to changed weightage criteria in the distribution of total marks in the recruitment process, violated the Supreme Court's directives on fresh recruitments.
The main ground on which the notification was challenged was that the weightage criteria in the distribution of total marks had changed from those in 2016.
As per the new notification issued last week, the written examination in the fresh recruitment process will carry 60 marks, as against 55 for the 2016 panel.
Secondly, the weightage criterion for educational qualification in the fresh recruitment process is just 10 as against 35 for the 2016 panel.
Most importantly, two new weightage criteria, each carrying 10 marks, "past teaching experience" and "lecture demonstration", have been introduced.
Soon after the notification was issued, several legal minds apprehended that the notification may face legal hurdles because of the changes in weightage criteria in total marks distribution.
Legal minds felt that while two new weightage criteria were introduced to give an advantage to the teachers from the 2016 panel who lost their jobs. They opined that the changed criteria would be disadvantageous for fresher candidates.
Bringing about changes in the weightage criteria was grossly illegal since the same weightage criteria, which applied to the 2016 panel, should also be there in the fresh recruitment process, they said.
Now their apprehensions have come true after a petition challenging the notification was filed at the Calcutta High Court, exactly on the points highlighted.
On April 3 this year, the Supreme Court's division bench of erstwhile Chief Justice of India Sanjiv Khanna and Justice Sanjay Kumar upheld a previous order by the Calcutta High Court's division bench of Justice Debangshu Basak and Justice Shabbar Rashidi cancelling 25,753 school jobs in West Bengal.
The Apex Court also accepted the observation of the Calcutta High Court that the entire panel of 25,753 candidates had to be cancelled because of the failure of the state government and the commission to segregate the "untainted" candidates from the "tainted" ones.
The state government and West Bengal School Service Commission (WBSSC) had already filed review petitions at the Apex Court on this issue.
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