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Calcutta High Court on Thursday bashed the West Bengal School Service Commission (WBSSC) and West Bengal Board of Secondary Education (WBBSE) for their conduct in the investigation in school recruitment irregularity case. 

The Court is hearing a matter of alleged irregularities in the appointment of 'Group-D' staff in sponsored Secondary and Higher Secondary schools under the WBBSE on the purported recommendation by the WBSSC. The contention before the Court is whether the appointment of the non-teaching staff in an aided and Government School was made on the basis of the recommendation sent by the Commission after the expiry of the panel.

A single bench of the Court had ordered a Central Bureau of Investigation (CBI) probe into the matter. However, the bench of Justices Harish Tandon and Ravidranath Samanta stayed the same and constituted a committee headed by a retired Justice R.K. Bag to make an extensive inquiry in this regard.

On Thursday the committee produced some records before the Court in a sealed cover. After perusing the same, the division bench commented, 

"The record reveals the shocking state of affairs and we refrain ourselves to make any observations thereupon in the midst of an investigation/enquiry by the committee constituted by this Court."

The Court extended the period of time for four months, noting

"We hope and trust that the Commission shall complete the entire exercise of investigation/enquiry and submit a report for passing appropriate order. We must record that the Commission and the West Bengal Board of Secondary Education have prevaricated the stand at the different stages of the litigation initiated before this Court."

The Commission has taken a stand that no recommendations were issued, to which, Court stated that prima facie evidence has been produced raising a serious concern on the modalities of the recommendation/appointment made to the candidates not only beyond the expiration of the panel but to the candidates who were not included in the panel itself, such stand has been taken in order to shirk the responsibilities. 

"The Court cannot be a mute spectator and allow the litigant to get a clean chit even if they took a stand that they have not issued any recommendation. The Commission is answerable for such act and cannot shy away from such responsibilities by taking a stand that no recommendation was issued," the Court said. 

Further, the Court opined that the candidates who have been successful on such recommendation of the commission shall not be prejudiced. The salary and benefits accrued to them is subject to the outcome of the matter. "In the event such appointments are found to be illegal, they have to re-compensate the State exchequer," the Court stated. 

The matter is listed after three weeks for further hearing. 

Case Title: State of West Bengal vs Sandeep Prasad & Ors.