Supreme Court stays HC order for CBI probe into Bengal SSC jobs case

The Supreme Court on Tuesday stayed the Calcutta High Court's order directing a Central Bureau of Investigation (CBI) probe into the West Bengal government's decision to create supernumerary posts in the School Service Commission (SSC) recruitment process.

This decision provides temporary relief to the state administration, which had faced scrutiny over alleged irregularities in the appointment of teaching and non-teaching staff in state-run schools.

Chief Minister Mamata Banerjee held a meeting with the affected candidates at the Netaji Indoor Stadium in Kolkata on Monday. "We have ‘Plan A, B, C, D and E’ ready. Did you receive any notice terminating your jobs? You go and work... Who has stopped you? Continue with your work. You are free to offer voluntary services, in the meantime," she said to the affected teachers.

The CM had assured them on Monday that the West Bengal government will approach the SC with a review petition and seek clarification on the fate of thousands of schoolchildren whose teachers have been affected by the court’s order.

“We are asking Abhishek Manu Singhvi and Kapil Sibal, will also ask Prashant Bhusan, Kalyan Banerjee and many other legal luminaries, who will approach the Supreme Court on behalf of the State government and fight for the deserving candidates,” she said.

The controversy

The controversy dates back to the 2016 SSC recruitment drive in WB. During this period, the state government allegedly created supernumerary posts to accommodate candidates who were apparently appointed through irregular means. This led to legal scrutiny and public outrage over the legitimacy of the recruitment process.

After the allegations, the Calcutta HC directed the CBI to investigate the matter. The order was based on concerns about large-scale corruption and possible involvement of senior state officials in the scam.

In April 2024, the SC stayed the Calcutta High Court's order for a CBI probe. This intervention came after the West Bengal government appealed, arguing that such an investigation could severely disrupt its administrative functioning. The SC acknowledged the seriousness of the situation and agreed to temporarily halt the CBI investigation. "We will stay the direction which says the CBI will undertake further investigation against officials in the state government," a bench of Chief Justice DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra had said.

This was followed by another significant ruling where the SC upheld the Calcutta High Court’s decision to cancel nearly 25,000 teaching and non-teaching appointments made via the 2016 SSC process. The apex court labeled the recruitment exercise as "tainted beyond resolution," citing systemic fraud and manipulation. It called for a completely fresh and transparent hiring process to ensure merit-based selection. "We have gone through the facts. Regarding the findings of this case, the entire selection process is vitiated by manipulation and fraud, and credibility and legitimacy are denuded. No reason to interfere. Tainted candidates must be terminated and appointments were resultant of cheating and thus fraud," the Court said in its judgment.