The plea was filed through advocate on record Astha Sharma (Representational)
The West Bengal Government on Wednesday moved the Supreme Court against the Calcutta High Court decision that declared the entire panel of 2016 School Service Commission teachers' recruitment null and void, cancelling all appointments of teachers and non-teaching staff.
"Vide the Impugned Order, the High Court, based oral submissions, without any affidavit on record, has proceeded to in a cursory manner, direction to cancel all appointments of teachers and non-teaching staff, in utter disregard to the fact that the same will lead to a huge vacuum in the State Schools, unless new selection process is completed by the SSC, especially when the new academic sessions is on its brim, leading to the students being adversely impacted," the petition, moved by West Bengal Govt, said.
The plea was filed through advocate on record Astha Sharma. The plea said that Calcutta HC decision to set aside the selection process affects nearly 23,123 teaching and non-teaching staff in the State of West Bengal.
The High Court had directed the persons who had been appointed outside the panel, after expiry of the panel as also those who submitted blank OMR sheets but obtained appointments, must return all remunerations and benefits received by them to the State exchequer along with interest calculated at 12 percent per annum.
"The High Court failed to appreciate the ramification of cancelling the entire selection process leading to straightaway termination of 23,123 teaching and non-teaching staff from service with immediate effect, without giving sufficient time to the Petitioner State to deal with such an exigency, rendering the education system at a stand-still."
Even though as per the CBI enquiry report and the affidavit by the SSC irregularity in appointments were only found for 4,327 teachers and non-teaching staff, the Impugned Order on its own wisdom strikes at the legal and valid selections of 23,123 teachers, which was not found to be riddled with any anomaly as per the chargesheet filed by CBI concluding the investigation," the petition said.
West Bengal government said that the High Court further mechanically directed that the SSC shall undertake a fresh selection process in respect of the declared vacancies involved in these selection processes preferably within a fortnight from the date of declaration of results of the ensuing elections, without considering that, till the aforesaid process is completely by the SSC and actual appointments are made pursuant thereto, the Schools in the Petitioner State will be seriously understaffed which will severely affect the students in such schools.
"In an unfortunate turn of events, the issue pertaining to the creation of the conditional supernumerary posts was not raised before the High Court, and at no stage was the state govt called upon to respond to the allegations, either before the Single Judge, Division Bench or the Special Bench which passed the Impugned Order.
"This lack of opportunity being granted to the petitioners not only vitiates the principles of natural justice, where the petitioners are being condemned without placing their stand on record, but further transgresses the issues which the high court was seized upon to adjudicate and further disregards the proceedings pending before the Supreme Court where the very issue arises and has been stayed by this Court," WB Govt said.
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