Students Should Not Suffer': SC Grants Interim Relief To Sacked Bengal Teachers Of Classes 9–12

The Supreme Court on Thursday permitted the assistant teachers of Classes 9 to 12 in West Bengal, who were fired earlier this month following the court's judgment in the 2016 recruitment scandal, to keep teaching until new appointments are made to the posts.

Still, the relief only extended to such teachers whose names were not tainted with irregularity in the investigations of the hiring made in 2016.

The highest court, however, fixed December 31 as the deadline for the West Bengal School Service Commission (WBSSC) to finish the recruitment process. Chief Justice of India Sanjiv Khanna directed the WBSSC to publish the advertisements for the fresh recruitments by May 31 and stated that the selection process should be over by December 31.

"We are willing to accept the prayer in the application to the extent that it applies to the assistant teachers of classes 9 and 10 and classes 11 and 12. Provided the advertisement for fresh recruitment is out by May 31 and the exam, including the whole process, is completed by December 31," the court said.

The state government and the commission will file an affidavit in or before May 31, along with the ad copy and the schedule in order to finalize the recruitment process by December 31. If the ad is not published as required, necessary orders will be issued, including imposition of costs," said the CJI.

The highest court, however, directed the West Bengal School Service Commission (WBSSC) to finish the recruitment process by December 31. Chief Justice of India Sanjiv Khanna directed the WBSSC to publish the advertisements for the fresh recruitments by May 31 and stated that the selection process should be completed by December 31.

We are disposed to grant the prayer in the application insofar as it concerns the assistant teachers of classes 9 and 10 and classes 11 and 12. Subject to the following conditions that the advertisement for fresh recruitment should be published by May 31 and the exam, including the whole process, should be completed by December 31," the court stated.

The state government and the commission will file an affidavit by or on May 31, annexing the ad copy and the schedule so that the recruitment process is completed by December 31. If the ad is not published as ordered, proper orders will be passed, including imposition of costs," the CJI added.

But the interim relief is only to the teaching staff and not the non-teaching staff who were among more than 25,000 state government employees whose appointments were revoked by the Supreme Court's order upholding the Calcutta High Court judgment on April 7.

We are not inclined to accept the prayers of Group C and D employees, as the number of proved tainted candidates is more in number. What has motivated us to pass this order for unsoiled assistant teachers is that students going for studies should not suffer due to the order passed by this court," the court observed.