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The Calcutta High Court on Monday cancelled the recruitment of 6 teachers over illegal appointment by School Service Commission (SSC). 

The Court was hearing a petition by one Md. Abdul Gani Ansari who alleged that he was not called for counseling as an wait-listed candidate and was not issued any recommendation and appointment letters. However, at least six candidates, who are below to the rank of him in the said wait list, got opportunity to appear for counseling and subsequently received recommendation letters, appointment letters and have joined different schools where they are working as Assistant Teachers. 

The School Service Commission has submitted that the writ petitioner was not coming in the zone of consideration as he obtained lesser marks than the last candidate recommended by the Commission for the same category. However, Justice Abhijit Gangopadhyay pointed out that the 6 teachers did not come in the zone of consideration, even then they were recommended, appointed and joined in different schools. Following which the Commission has taken shelter under the expression ‘mistake’. 

However, the Court rubbished such defense by SSC, stating, 

"Though the School Service Commission has taken shelter under the expression ‘mistake’, this court wholly disbelieves such shroud of the Commission now placed on its face. This cannot be a mistake. These are deliberate illegal action..."

The Court thus noted that the appointments are illegal and ordered the six persons,

"not be allowed to work in the above named schools as assistant teachers any further and they shall not get any salary from the State exchequer. The salaries they have received till date shall be refunded to the Government immediately. If they fail to refund the received salary against such illegal appointments, the District Inspector of Schools (SE), Murshidabad shall have every liberty to initiate steps against them both under civil and criminal laws to realise the salary received by them."

However, the Court has not disposed off the matter. The Court has ordered the District Inspector of Schools (SE), Murshidabad to file a report disclosing when the vacancies of the schools named above in the table were reported to him/his office and when those vacancies were sent to the next higher authority by the District Inspector of Schools and to the West Bengal Central School Service Commission.

Matter is posted for 28th February. 

It is pertinent to note that ongoing matters are are being heard by Justice Gangopadhyay and Bench of Justices Harish Tandon and Rabindranath Samanta over SSC recruitment irregularities. Justice Gangopadhyay on previous two occasions had ordered CBI probe which were set aside by the Division Bench. 

Md. Abdul Gani Ansari Vs. State of West Bengal & Ors