'Transparency Required In Government Actions': Calcutta High Court Extends Interim Stay On Teacher Recruitment Process For Upper Primary Schools Till July 9

Justice Abhijit Gangopadhyay vide an earlier order dated 30.6.21 had imposed an interim stay on the recruitment process in light of the emerging allegations involving irregularities in the marking scheme and selection process.

The petitioner in this case had alleged that in spite of obtaining higher marks than the respondent in the 1st State Level Selection Test, 2016, he had not been included in the interview list.

While hearing the plea on Friday, Justice Gangopadhyay advocated for transparency in the government's actions considering the numerous petitions filed by aggrieved candidates.

"I make it clear that transparency is such a thing which is to be read into all Governmental actions. I am in favour of transparency in governmental actions and actions of other authorities who are not strictly governmental. Transparency is always required in an open and democratic society and State. I have felt while hearing some matters of this nature in the last four/five days that the main grievance of the petitioners is that they have no information as to the marks got by them and other candidates who have been named in the interview list", the Court observed.

State's Submissions

The counsel for the State submitted that the petitioner had not disclosed his professional qualifications and was therefore not given any marks against his professional qualifications. As a result, he was not included in the impugned interview list. The State also opined that there always exists a presumption that governmental actions are legitimate and correct. Further, under Rule 12 (4) of the West Bengal School Service Commission (Selection for Appointment to the Posts of Teachers for Upper Primary Level of Schools) Rules 2016 the State is not obligated to publish marks obtained by candidates while drawing up the 'interview list'.

Petitioner's Submissions

On the contrary, the counsel for the petitioner submitted that the petitioner had indeed disclosed his B.Ed. qualifications and other required particulars which were subsequently affirmed by the State. If that was not the case, then the petitioner's aforementioned particulars would not have been accepted and published on the Commission's website as can be verified by the supplementary affidavit filed on 20^th June.

Directions

After opining that more transparency is required from the State government, the Court directed the Advocate General of the State of West Bengal to disclose the break-up of marks of the candidates who have not been named in the interview list as well as the persons who have been named.

"I think that disclosure of marks (with break up) of the interview listed candidates as also the persons who have not been included in the interview list will solve a lot of problems", the Court observed.

To this, the Chairman of Central School Service Commission prayed for seven days' time to release the marks allocated to candidates in the interview list which was granted by the Court.

Accordingly, the interim stay was extended till the next date of hearing i.e. July 9 with the direction that the State should not conduct any interview in the meantime.

"Today I am not varying the interim order passed on 30.6.2021 except to the following extent: the West Bengal Central School Service Commission will take all steps for holding the interview as the office work but will not hold the interview till the interim order is vacated after the above list is published. I make it clear that if the transparency, as has been indicated above is found from the action of the Commission, there will be no necessity for this Court to continue the interim order passed in this matter on 30.6.2021", the Court remarked.

Case Title: Abhijit Ghosh v. State of West Bengal & Ors.