Relief for WB mantris but SC refuses to stay HC order to sack 25,000 teachers

NEW DELHI: Supreme Court on Monday did not stay Calcutta HC decision to junk appointment of over 25,000 teachers in West Bengal but stopped further probe by CBI into the recruitment scam as a spooked state apprehended that the central agency would destabilise the TMC govt by arresting the entire cabinet during electioneering.

A bench of Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra stood firm in its prima facie view about massive irregularities in recruitment , as pointed out by an HC division bench, and brushed aside spirited arguments from an array of senior advocates — Rakesh Dwivedi, Neeraj K Kaul, Dushyant Dave, Mukul Rohatgi, P S Patwalia and Jaideep Gupta — who sought a complete stay of HC order cancelling the entire teacher selection process.

Dwivedi and Kaul, egged on by the state’s counsel Astha Sharma, argued that one of the 14 directions issued by HC — “CBI to undertake further investigations regarding persons involved in the state govt approving creation of supernumerary posts to accommodate illegal appointments. If necessary, CBI will undertake custodial interrogation of such persons involved” — would lead to arrest of all ministers as the cabinet had approved the note on creation of supernumerary posts on humanitarian grounds for waitlisted candidates.

“During elections, CBI will register FIRs and the entire cabinet will go to jail,” Dwivedi said. The bench saw merit in this argument and stayed this particular HC direction while posting the matter for further hearing on May 6. However, SC did not interfere with the other 13 directions to CBI.

Dwivedi, appearing for the state govt, said CBI found 8,000-odd recruitments to be irregular and asked how HC could cancel the recruitment of 25,000-odd teachers on this basis. The bench said, “The whole process is replete with irregularities.”

CJI Chandrachud added, “Look at the process by which the whole recruitment was done. Originally, NYSA (an agency) was appointed (for scanning and evaluating OMR answer sheets). Then Data Scantach comes in and the staff selection commission says it does not know how the second agency came in. OMR sheets are destroyed by SSC. The mirror images (of OMR sheets) are not there on the server any more. People who are not on the panel are recruited. This is a complete fraud. Why were supernumerary posts created even after irregularities were found in the recruitment? Ultimately, HC direction to CBI is to probe further.”