SC sets aside Calcutta HC's order for CBI probe into creation of supernumerary posts

New Delhi: The Supreme Court on Tuesday set aside the Calcutta High Court's judgment, which ordered a CBI probe into the West Bengal cabinet's decision to create supernumerary posts in government-run and aided schools.

On April 3, 2025, the apex court had upheld the High Court order invalidating the appointment of 25,753 teachers and non-teaching staff made by the West Bengal School Service Commission (WBSSC) in 2016 in the state-run and state-aided schools.

A bench of Chief Justice of India Sanjiv Khanna and Justice Sanjay Kumar, however, clarified that the CBI probe as directed by the Calcutta High Court into other aspects related to the appointment of 25,753 teachers and staffers in West Bengal's state-run and aided schools would continue.

A "supernumerary post" refers to a temporary position created to accommodate an employee who is entitled to a regular post which is currently unavailable.

The court said the Constitution expressly barred courts from inquiring into cabinet decisions and advice tendered to President/Governor.

The bench quashed and set aside the High Court's direction.

The West Bengal government was represented by senior advocates Kapil Sibal and A M Singhvi.

On April 3, the court had invalidated the appointment of over 25,000, teachers’ and staffers’, while terming the entire selection process vitiated and tainted.

“In our opinion, this is a case wherein the entire selection process has been vitiated and tainted beyond resolution. Manipulations and frauds on a large scale, coupled with the attempted cover-up, have dented the selection process beyond repair and partial redemption. The credibility and legitimacy of the selection are denuded,” the court had said.

The court had then upheld the High Court's April 22, 2024, judgment, which en bloc set aside the entire selection process conducted by the West Bengal Central School Service Commission for recruitment of non-teaching staff in Group C and D and Assistant Teachers for Classes IX and X, as well as Classes XI and XII.