Apex Court Classifies Matters Into Five Categories In WB SSC Teachers' Recruitment Case; Gives Last Opportunity To File Counter Affidavits

The Supreme Court, today, broadly classified the categories of the parties involved in the matters related to the appointments of approximately 25,0000 school teachers by the West Bengal School Service Commission ('WBSSC'). The Court also gave the last opportunity to file counter-affidavits. 

The State of West Bengal challenged the judgment passed by the Calcutta High Court which had declared the recruitment process of State Level Selection Test-2016 (SLST) in West Bengal government-sponsored and aided schools as null and void and had ordered cancellation of all appointments made through it.

The Bench of Chief Justice DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra ordered, "No counter affidavit has been filed till date. In the event that any of the Respondents seek to file their counters, they shall do so.... If no counter is filed, the right to file counter affidavit shall stand closed and the proceedings shall be conducted on the basis of the record as it stands. Broadly speaking it has emerged from the submissions of the counsels on both sides that there are categories in relation to the batch of cases, it would comprise of the following: (1)The Government of West Bengal;(2) the West Bengal Central School Service Commission; (3)Original Petitioners before the High Court, who are not selected (Representing classes 9th and 10th;11th and 12th and Group c and D) and similarly situated persons; (4) persons whose appointments have been cancelled by the judgment of the High Court (5) the Central Bureau of Investigation."

Senior Advocate Abhishek Manu Singhvi submitted that nobody had filed any counter-affidavit in the matter and pleadings are incomplete. "Your Lordships will have an incomplete matter...May give a procedural order to complete the pleadings.", he said. 

CJI said, "Are you people filing your counters to the SLP or not? We will give only one opportunity so that nobody says that we didn't give them any opportunity."

Senior Advocate Viba Makhija submitted five categories before the Court in which these matters may be segregated. "These are the main stakeholders in the entire matter...and I humbly submit that the matter cannot carry out in personal, the matter has to be carried out in rem. So once these interests are represented before your lordships then others may just file an Intervention.", she said. She also submitted that the SSC can file a common affidavit. 

The Court appointed four nodal counsels in the matter i.e. 1) Astha Sharma, 2) Shalini Kaul, 3) Partha Chatterjee and 4) Shekhar Kumar and directed all the counsels to circulate a compilation not exceeding five pages to the nodal counsels. 

On April 29, 2024, the Supreme Court had granted an interim relief that no precipitate steps shall be taken in pursuance of the directions contained in the impugned judgment and order of the High Court.

Over 23 lakh candidates had appeared for the SLST-2016 for 24,640 vacant posts. A total of 25,753 appointment letters were issued against the vacancies. The division bench, formed by the Chief Justice of the High Court on a direction of the Supreme Court, had extensively heard numerous petitions and appeals relating to the selection of candidates for appointment by the SSC in the categories of teachers of classes 9, 10, 11 and 12 and group-C and D staffers through the SLST-2016. The High Court had also ordered the termination of a number of jobs of teaching and non-teaching staffers after finding irregularities.

The High Court had directed, "All appointments granted in the selection processes involved being violative of Articles 14 and 16 of the Constitution of India, are declared null and void and cancelled...OMR sheets available in the three hard disks, if not already done or such portion not done, must be uploaded in the website of SSC forthwith and made available to the public for viewing...CBI will undertake further investigation in respect of all the four cases. CBI will interrogate all persons who had received appointments beyond the panel, after expiry of the panel and after submitting blank OMR sheets. If necessary, CBI shall undertake custodial interrogation in respect of each of them...SSC shall undertake a fresh selection process in respect the declared vacancies involved in these selection processes prefereably within a fortnight from the date of declaration of results of the ensuing elections."

Cause Title: The State of West Bengal v. Baishakhi Bhattacharyya (Chatterjee) & Ors. (Special Leave to Appeal (C) No(s).9586/2024)