The Supreme Court of India has raised concerns regarding the West Bengal government’s handling of illegal appointments in the state’s School Service Commission (SSC). Instead of removing individuals appointed through irregular means, the state created supernumerary (additional) posts to accommodate wait-listed candidates. Chief Justice of India (CJI) D.Y. Chandrachud questioned this approach, emphasizing the need to address the root issue of illegal appointments rather than circumventing it by adding new positions.
The controversy stems from a recruitment scam where over 23 lakh candidates appeared for the state-level selection test in 2016 for 24,640 vacant posts, but 25,753 appointment letters were issued, exceeding the available vacancies. The Calcutta High Court invalidated these appointments, deeming them illegal, and directed the Central Bureau of Investigation (CBI) to investigate the recruitment scam.
In response, the West Bengal government issued an order on May 19, 2022, creating 6,861 supernumerary posts of teachers and non-teaching staff to absorb wait-listed candidates. However, the Supreme Court questioned this decision, asking why the state chose to create additional posts instead of addressing the illegal appointments directly. The Court emphasized the importance of maintaining the integrity of public employment and ensuring that only qualified individuals occupy such positions.
The Supreme Court has stayed the Calcutta High Court’s order canceling the appointments but allowed the CBI to continue its investigation. The Court also noted that if the appointments are ultimately found to be illegal, those individuals will be required to refund their salaries and other emoluments.
This case highlights the challenges in addressing systemic fraud within public recruitment processes and underscores the judiciary’s role in ensuring transparency and accountability in government appointments.