SC stays Calcutta HC order annulling appointment of 25,753 teachers

The Supreme Court on Tuesday, 7 May, stayed the Calcutta High Court order invalidating the appointment of 25,753 teachers and non-teaching staff made by the state's School Service Commission (SSC) in state-run and state-aided schools.

A bench comprising Chief Justice of India DY Chandrachud and justices JB Pardiwala and Manoj Misra, however, permitted the CBI to continue with its investigation and probe even members of the state cabinet.

The top court, however, asked the CBI not to take any precipitate action like arresting a suspect during the investigation.

Earlier in the day, it termed the alleged scam as a "systemic fraud" and said the state authorities were duty-bound to maintain digitised records pertaining to the appointment of teachers and non-teaching staff.

The top court was hearing a batch of petitions challenging the Calcutta High Court's 22 April decision that invalidated the appointment of 25,753 teachers and non-teaching staff.

"Public job is so scarce.... Nothing remains if the faith of the public goes. This is systemic fraud. Public jobs are extremely scarce today and are looked at for social mobility. What remains in the system if their appointments are also maligned? People will lose faith, how do you countenance this?" the CJI asked the lawyers representing the state government.

The bench said the state government has nothing to show that relevant data was maintained by the authorities and asked about its availability.

"Either you have the data or you do not have it... You were duty-bound to maintain the documents in digitised form. Now, it is obvious that there is no data. You are unaware of the fact that your service provider has engaged another agency. You had to maintain supervisory control," the bench told the state government's lawyers.

The state government had challenged the Calcutta High Court order, saying it cancelled the appointments "arbitrarily".