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Indian Express
10-07-2025
- Politics
- Indian Express
Calcutta HC dismisses plea of govt, SSC against debarring ‘tainted' candidates from fresh recruitment
A Division Bench of the Calcutta High Court on Thursday dismissed the petitions of the West Bengal School Service Commission (WBSSC) and the state government, challenging the single bench order of debarring 'tainted' candidates from appearing in the fresh recruitment examination. Upholding the order of Justice Saugata Bhattacharya debarring identified tainted candidates from taking part in the fresh recruitment process, the Division Bench of Justice Soumen Sen and Justice Smita Das De dismissed the appeals of the WBSSC and the state government. Appearing for the SSC, senior counsel Kalyan Banerjee argued that denying 'tainted candidates' from taking part in the fresh hiring would tantamount to 'double punishment'. Stating that the Supreme Court, while cancelling the appointment of nearly 26,000 teaching and non-teaching staff, 'was careful enough not to debar them from future employment'. 'A penalty was imposed on them (tainted candidates) for committing the offence. They were asked to return their salary, and their jobs were taken away. Now, the question arises, will they get double punishment and be punished for life? Doesn't it violate the Constitution? No criminal charges have been proved against these 'tainted' candidates, but stringent punishment has been imposed on them. If they are not allowed to participate, it will be double punishment,' Banerjee submitted Advocate General Kishore Dutta, representing the state government, said: 'The Supreme Court has given harsh punishment to the tainted candidates, but was careful enough not to debar them from future employment. Fundamental rights cannot be curtailed.' However, senior counsel Bikash Ranjan Bhattacharya, appearing for the unsuccessful candidates, claimed that the Supreme Court in its order had not said that candidates can be appointed whose exam and results were declared void. 'The participation is confined to untainted and not specifically tainted. Tainted candidates cannot participate in the recruitment process. The state government and the SSC knew that tainted candidates were debarred from everything… The May 30th recruitment notice completely destroys the Supreme Court's order. Where in the Supreme Court order does the State get 'further vacancies'? This incorporation is directly misleading. With the introduction of new vacancies, the State wants to upset the Supreme Court's judgment. The argument of double punishment has no bearing,' Bhattacharya told the High Court. Senior counsel Aninda Mitra, representing the untainted candidates, claimed 'circumstances were created by the tainted candidates in collusion with the officers of the Commission'. 'Prosecution cannot be two times, but for one prosecution, there can be multiple punishments. The Supreme Court had terminated their jobs and ordered them to refund money. So, two punishments were given by the Supreme Court. Thus, there is no question of double jeopardy,' Mitra said. On April 3, the Supreme Court had upheld the Calcutta High Court order, which invalidated the appointment of over 25,000 teachers and non-teaching staff, recruited through the 2016 WBSSC examinations, terming the entire selection process 'tainted beyond resolution' and calling for a fresh selection process to fill the vacancies. Later, the Supreme Court extended the services of 'untainted' candidates employed as assistant teachers for Classes 9-12 until December 31, asking the state government to complete fresh recruitments by then. A month later, the WBSSC issued a notification for the recruitment of over 35,000 school staff. Last Monday, the single judge HC bench debarred tainted candidates from the fresh recruitment.
Scroll.in
08-07-2025
- Politics
- Scroll.in
Calcutta HC bars ‘tainted' candidates in alleged recruitment scam from reapplying
The Calcutta High Court on Monday barred candidates accused of wrongdoing in an alleged cash-for-jobs scam from participating in the fresh recruitment process for assistant teachers in West Bengal, Live Law reported. Justice Saugata Bhattacharya said that the appointment of the candidates was a result of fraud and cheating. Any application submitted by a 'tainted candidate' for the recruitment process stands cancelled, he added. West Bengal's school education department on May 30 published a gazette notification regarding the fresh appointment of assistant teachers in upper primary, secondary and higher secondary classes in government-run and government-aided schools. On July 1, Bhattacharya asked the state government why there was 'no express bar to debar the tainted candidates from applying' in the notification. The court on Monday directed the state government to conclude the selection process expeditiously in line with the guidelines laid down by the Supreme Court, Live Law reported. On April 3, the Supreme Court upheld the High Court's April 2024 order terminating the appointment of about 25,000 teachers and non-teaching staff by West Bengal's School Service Commission. The bench passed the order after observing that the recruitment process was 'vitiated by manipulation and fraud'. The top court on April 17 permitted 'untainted' teachers to be retained until the end of the academic year or until fresh appointments are made, whichever is earlier. However, it did not grant relief to Group C and Group D employees, or non-teaching staff, whose appointments were also cancelled. In April 2024, the High Court issued its direction on the termination of the appointments based on the findings of a re-evaluation of the Optical Mark Recognition sheets from the 2016 recruitment examination in the case. The re-evaluation found that the selected teachers had been recruited against blank Optical Mark Recognition sheets.
New Indian Express
07-07-2025
- Politics
- New Indian Express
Calcutta HC sets aside cancellation of Trinamool MP's medical practioner registration
In another ruling on Monday, the Calcutta High Court ordered that 'tainted or identified ineligible' candidates must be excluded from the recruitment process of more than 44,000 teachers and non-teaching staff in West Bengal government-run-and-aided schools. In his order Justice Saugata Bhattacharya said that if any 'tainted or identified ineligible' candidate has already applied, the application form should be rejected. The High Court clearly stated that the recruitment process should be completed in accordance with the Supreme Court's order. However, the court noted that the recruitment process can be continued keeping in mind the notification issued by the WBSSC on May 30. The court did not interfere with the rest of the notification. Earlier in this year, in a judgment the Supreme Court had annulled over 25,000 school jobs in West Bengal on the ground of illegalities in the 2016 recruitment process. Following orders of the apex court the WBSSC issued a new recruitment notification. But it was alleged that the WBSSC notification of 2025 was against the Supreme Court's order. A case was filed in the Calcutta High Court challenging that notification. The plaintiffs claim that the notification published for over 44,000 vacancies is not legal. The plaintiffs stated that as per the Supreme Court's order, the 2016 'selection' process should be done as per the 'rules' of that year. And there is an order to do so from among the job seekers of 2016. But in this case, it was not followed. They also claimed that the age relaxation issue was not followed as per the order. The plaintiffs further alleged that there was corruption in the 2016 recruitment process. Keeping that case in mind, the Supreme Court ordered that a fresh recruitment should be conducted. As a result, if a fresh selection process is conducted, it should be done as per the 2016 Recruitment Rules. The state and the WBSSC made their argument in the High Court on Monday. They claimed that the Supreme Court's order does not state anywhere that specifically identified 'ineligible' job seekers will not be able to join the recruitment process. However, the court was not satisfied with this argument.
Time of India
01-07-2025
- Politics
- Time of India
Why are ‘tainted' candidates allowed in fresh process? Cal HC asks SSC
1 2 3 Kolkata: Calcutta High Court on Tuesday questioned the School Service Commission's decision to allow "tainted" candidates to participate in the fresh recruitment process. "Why are tainted candidates being permitted in spite of directions by the Supreme Court ?" Justice Saugata Bhattacharya asked the counsel representing SSC. "In your May 30 notification, there is no express bar to debar tainted candidates from applying. I can observe that there are loopholes in the notification. But the court is not interfering since leave is granted," Justice Bhattacharya said. The SSC sought time to provide clarifications and requested that no formal remarks be recorded at this stage. "Kindly do not record anything. Whatever we did was strictly in adherence with the Supreme Court order," the counsel submitted. You Can Also Check: Kolkata AQI | Weather in Kolkata | Bank Holidays in Kolkata | Public Holidays in Kolkata This comes after a petitioner approached the HC contending that the May 30 SSC notification did not prohibit those who were removed from their jobs by the apex court from participating in the fresh recruitment process. The petitioner argued that the omission of a prohibition on such candidates was contrary to the observations and orders of the Supreme Court on the matter. On Tuesday, the petitioner stated that the omission in the notification may not have been intentional and could be rectified. The case was adjourned with the court indicating that any clarification regarding the scope of the Supreme Court's directions may be sought before the apex court. Get the latest lifestyle updates on Times of India, along with Doctor's Day 2025 , messages and quotes!
Scroll.in
01-07-2025
- Politics
- Scroll.in
Calcutta HC asks why ‘tainted' candidates in alleged recruitment scam are being allowed to reapply
The Calcutta High Court on Tuesday asked the West Bengal government why candidates accused of wrongdoing in an alleged cash-for-jobs teacher recruitment scam were being allowed to apply again, Live Law reported. West Bengal's school education department published a gazette notification on May 30 regarding the fresh appointment of assistant teachers in upper primary, secondary and higher secondary classes in government-run and government-aided schools, The Hindu reported. Justice Saugata Bhattacharya on Tuesday asked the government why there was 'no express bar to debar the tainted candidates from applying' in the notification. 'This is troubling me…the Supreme Court has said tainted candidates will not be permitted; where is such indication in [state's] the issue be sorted by filing a clarification before the SC,' the judge said, according to Live Law. The counsel for the state government urged the court not to make any remarks on record, and claimed that the fresh appointments were being carried out in line with the Supreme Court's directions. The state government sought time to clarify the matter, after which the court adjourned the case to a later date. On April 3, the Supreme Court upheld the Calcutta High Court's April 2024 order terminating the appointment of about 25,000 teachers and non-teaching staff by West Bengal's School Service Commission. The bench passed the order after observing that the recruitment process was 'vitiated by manipulation and fraud'. The top court on April 17 permitted 'untainted' teachers to be retained until the end of the academic year or until fresh appointments are made, whichever is earlier. However, it did not grant relief to Group C and Group D employees, or non-teaching staff, whose appointments were also cancelled. In April 2024, the High Court issued its direction on the termination of the appointments based on the findings of a re-evaluation of the Optical Mark Recognition sheets from the 2016 recruitment examination in the case. The re-evaluation found that the selected teachers had been recruited against blank Optical Mark Recognition sheets.
