‘Govt is not to aid wrongdoers': HC frowns on SSC plea
"The appellants (School Service Commission and state), knowing fully well that the tainted candidates vitiated the entire selection process, should not have espoused their cause. Govt is not to aid the wrongdoers, and it sends a wrong signal," the HC held.
The division bench of justices Soumen Sen and Smita Das De on Thursday turned down their pleas seeking to allow tainted candidates to apply in the new recruitment process for over 35,000 vacancies.
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Senior advocate Kalyan Banerjee, representing SSC, argued that while Supreme Court directed the termination of tainted candidates' appointments along with a refund of salaries, nowhere in the SC judgment was there any clear bar from participating in future hiring processes.
Advocate general Kishore Datta, representing the state, submitted that the exclusion of tainted candidates would amount to a violation of Article 16 of the Constitution.
Datta stated that cancellation did not mean that the door for future employment is foreclosed.
"It is really shocking and baffling that the appellants are supporting the tainted candidates. None of the three categories of the candidates mentioned in the orders of the Hon'ble Division Bench and the Hon'ble Supreme Court deserve any consideration. The argument that these candidates should have a level playing field on the basis of Article 16 of the Constitution of India is clearly not acceptable as it would militate against the basic notion of justice and fairness.
It cannot be the fundamental policy of the state to encourage fraudsters in public employment. They have no place in the system," the HC held.
The court went on to observe that a teacher was not only a mentor, facilitator and role model for a student, but also the guiding light of wisdom and gratitude.
Referring to Beni Madhab Das, Surya Sen and other great teachers in history, the HC observed, "...it is really painful that the causes of candidates with tainted hands are now being defended for recruitment in the higher education system of the state.
A teacher is said to be a fraudster when he secures a job by unfair means, which is completely inconceivable and unacceptable by any stretch of the imagination. A teacher not properly appointed with the required knowledge, skills, and values would be a disaster, ruining the education system.
Knowledge, wisdom, and proper education are essential for the growth of the nation."
"Fraud vitiates everything. Fraud and collusion vitiate the most solemn precedence in any civilised jurisprudence. Fraud and justice cannot dwell together. A litigant who is guilty of securing any benefit of public employment by unfair means and in collusion cannot seek a remedy under the writ jurisdiction, which is discretionary in nature, and the discretion must be exercised equitably and in promoting good faith," HC added.
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