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Synopsis

The Supreme Court of India has deferred hearing the respondents in the petitions filed against Calcutta High Court's April 22, 2024 judgement quashing appointment of 23,123 teaching and non-teaching staff in the state made through the State Level Selection Test-2016 (SLST).

A Chief Justice of India Sanjiv Khanna led bench will hear the batch of pleas now on January 15. The CJI today told Advocate Prashant Bhushan that he did not want to cut anyone short.

Top Court's special bench also comprising Justices Sanjay Kumar and KV Vishwanathan began hearing the case on December 19, 2024 with the state and untainted candidates making submissions.

Senior Advocate Rakesh Dwivedi, appearing for the State of West Bengal, told the top court that when specific tainted candidates have been identified why should 24000 people's appointment be thrown out. "CBI has found manipulation in marks of 952 candidates..We are saying it can be segregated..", Dwivedi added.

"One this is very strange, how were people who were not even recommended have been issued letters of appointment? How did that happen? It is a very serious thing..", the CJI had questioned during the hearing.

In May 2024, Supreme Court had stayed the High Court's impugned order while adding that the ad interim protection would continue but any person found to have been appointed illegally shall undertake to refund the salary drawn by them if the case is eventually decided against them.

The West Bengal government had filed a plea in the Supreme Court questioning correctness of the Calcutta High Court's order. It also challenged the direction to the candidates who submitted blank OMR sheets but obtained appointments, to return all remunerations and benefits received by them to the State exchequer along with interest calculated at 12 % per annum, from the date of receipt thereof till deposit, within a period of four weeks.

The petitioner also sought an interim stay on the operation of the HC's judgment in the matter.

In what is called as cash-for-job scam, the CBI has arrested former state education minister Partha Chatterjee and other bigwigs and recovered huge caches of cash during the investigation.

In its judgment, the HC's bench of Justice Debangsu Basak and Justice Md Shabbar Rashidi had “The entire selection process is shrouded in such mystery and in such layers that it is difficult to fathom the quantum of illegalities performed.” As a consequence, the court held that “we are left with the only option of cancelling all appointments in the four categories of the selection process involved.”

The court's decision to nullify the SLST-2016 selection process was motivated by a multitude of discrepancies uncovered during the proceedings. These irregularities ranged from procedural violations to instances of nepotism and favouritism, casting doubt on the legitimacy of the appointments made through the said process.

Cast Title: The State of West Bengal vs. Baishakhi Bhattacharyya