HC dismisses 4 appeals, clears decks for fresh SSC recruitment

Time of India

4 days ago

1
2
Kolkata: Calcutta High Court on Wednesday dismissed four appeals against certain sections of the 2025 rules for the fresh selection process to be conducted by School Service Commission (SSC).
Clearing the decks for recruitment, HC said the appelants, by mere participation, did not acquire any vested right.
The HC observed that, with time, vacancies were bound to increase and that courts were confronted every day with a large number of cases where posts could not be filled due to pending litigations.
"Although WBCSSC and WBBSE are responsible for the present impasse that has adversely impacted and affected the education system, it is high time that all the vacancies are filled up if required by clubbing the vacancies, as the separate recruitment process for vacancies declared in 2016 and beyond would cause serious inconvenience and delay in filling up existing vacancies.
It would also affect the state exchequer," the court held.
You Can Also Check:
Kolkata AQI
|
Weather in Kolkata
|
Bank Holidays in Kolkata
|
Public Holidays in Kolkata
The division bench of justices Soumen Sen and Smita Das De held that the policy decision of govt could only be under judicial scrutiny in "exceptional circumstances where it appears that the policy or some clauses in the policy are manifestly arbitrary, discriminatory, mala fide, unreasonable or unfair, or if it is found to be against any statute or Constitution."
It was noted that the recruitment rules 2025 per se were not under challenge. "The appellants, by reason of mere participation, do not acquire any vested right. It is a mere exception that in the event all the posts are not filled up or any vacancy arises due to the failure of a successful candidate to join the post within a stipulated time, if they are 'waiting list' candidates, they would be considered for filling up such vacant posts in terms of the merit list," the HC said.
"The enhancement of the mark or declaration of further vacancies, in our respectful view, is not arbitrary," the bench stated, while adding that the eligibility criteria in the selection process of 2016 were different from the 2025 recruitment process. "The rules are more stringent and student-centric. The revision in the eligibility criterion is in accordance and consonance with the NCTE guidelines," the HC held.
"In order to select the most suitable candidates, proportionate weightage based on the length of experience to the extent of 10 marks be given to such candidates is not arbitrary. The object is to select and appoint experienced teachers," the HC added.
Certain provisions of the rules of 2025, relating to the fixation of minimum marks in graduation/post-graduation level to adjudge eligible candidates to participate in the selection process and the changed pattern of allotment of marks, were challenged by the petitioners. They also submitted that SSC was not authorised or permitted to fill vacancies declared for the 1st SLST 2016 along. It was submitted that the declared vacancies of 1st SLST 2016 were required to be filled up based on the eligibility criterion mentioned in the rules of 2016.