Supreme Court allows axed Bengal teachers to continue until fresh appointment

New Delhi: The Supreme Court on Thursday allowed assistant teachers from classes 9-12 in West Bengal, whose appointments were cancelled due to the irregularities in the 2016 recruitment process, to continue until fresh appointments are made to the posts.

A bench of Chief Justice of India Sanjiv Khanna and Justice Sanjay Kumar said the court will only grant extension to the teachers not to the class IV candidates on the ground that the students should not suffer.

A counsel contended that since 2016 no recruitment could take place because of the pendency of this petition.

The bench said the order passed by it is subject to the condition that the state government and the West Bengal School Service Commission (WBSSC) complete the fresh recruitment process for the posts of assistant teachers of Classes 9 & 10, and 11 & 12 by December 31, 2025.

The court directed the state government and the SSC to publish the advertisement for the fresh recruitment process by May 31, 2025, and the exams and the entire recruitment process should be completed by December 31, 2025.

The bench directed the West Bengal government and WBSSC to file an affidavit before May 31, 2025, and bring on record the advertisement.

The court made it clear that if there is a default, the present order will get vacated. The bench said it is not inclined to accept the prayer as far as group C and D employees are concerned, as the number of established tainted candidates is substantially high in number.

"We are inclined to accept the prayer made in the present application insofar as it relates to Assistant Teachers for Classes IX and X and Classes XI and XII not found to be tainted," the bench said.

The court clarified that this order should not be read as conferring any special right or advantage on the aforesaid teachers, insofar as the fresh recruitment process is concerned.

"What has prompted us to pass this order in respect of Assistant Teachers not found to be tainted is that students undergoing study presently should not suffer on account of the lack of teachers and the lapses and failures, which have resulted in the order passed by this court," the bench said.

The top court passed the order in an application in West Bengal vs Baishakhi Bhattacharyya case, where it upheld the cancellations of the 2016 appointments due to large-scale fraud and manipulation.

On April 3, the apex court upheld the Calcutta High Court order invalidating the appointment of 25,753 teachers and non-teaching staff made by the WBSSC in 2016 in the state-run and state-aided schools, saying "the entire selection process has been vitiated and tainted beyond resolution".