14 May 2022 1:50 PM GMT
The Calcutta High Court on Thursday imposed a stay till June 17 the recruitment process of assistant teachers for Class 9 and Class 10 in State run schools pertaining to the West Bengal State Level Selection Test (SLST). The West Bengal School Service Commission was further ordered to publish within 10 days the merit list of the State Level Selection Test, 2016 with clear break-up of...
The Calcutta High Court on Thursday imposed a stay till June 17 the recruitment process of assistant teachers for Class 9 and Class 10 in State run schools pertaining to the West Bengal State Level Selection Test (SLST).
The West Bengal School Service Commission was further ordered to publish within 10 days the merit list of the State Level Selection Test, 2016 with clear break-up of marks secured in written test, academic and professional score and personality test.
Justice Abhijit Gangopadhyay was adjudicating upon a plea moved by petitioner Soma Sinha alleging lack of transparency in the merit list. She had stated that she had cleared the written test and had also completed the first phase of the verification process. She had further submitted that although she had appeared both for the personality test and the interview, she had found her name in the waiting list.
The petitioner had further sought the publication of a break of the marks obtained by her as per existing rules by contending that unless the breakup of marks, i.e., marks obtained in the written test, obtained against academic score and professional qualification and obtained against personality test are known to her, she would never know whether she has been given any marks at all in respect of those heads.
Directing the Commission to publics a breakup of marks by May 20, the Court observed,
" I direct the West Bengal Central School Service Commission to publish the breakup of marks of the empanelled and waitlisted candidates against written test, academic and professional score and personality test by 20th May, 2022 and to upload the online application forms of the empanelled and waitlisted candidates and to come up with such a list with breakup of marks and to come up with preparation to demonstrate that online application forms of the empanelled and waitlisted candidates in respect of 1st State Level Selection Test, 2016 (Classes IX and X) has been uploaded."
Imposing a stay on the recruitment process till June 17 to prevent further complications, the Court ordered,
"The Commission is further directed not to take any further step for initiation of recruitment or selection process of State Level Selection Test for Assistant Teachers for the Classes IX and X till 17th June, 2022 as after publication of the marks it has to be checked and verified by the petitioner and all other concerned persons to see whether the panel and the waitlist is to be completely recast or not. If a recruitment process is initiated in the meantime before doing that, a further complicated situation will arise in the future recruitment process as vacancies are to be published and Rule 18 of the said Rules provide for carry forward of vacancy."
Justice Gangopadhyay further remarked that he does not understand 'who would be adversely affected under the sky' if breakup of marks along with the application forms of the empanelled and waitlisted candidates are published by the Commission i.e. uploaded in its website along with the panel and the waiting list which was once published but now has been allegedly withdrawn.
Emphasising on the need for transparency, the Court remarked further,
"It is a question of transparency. Transparency is one antidote to corruption. If the authorities or any person remains transparent to others who are in touch with such authority or persons, the question of corruption or false statements and non-genuine actions would become less."
The Court also noted that the Commission has failed to show as to whether the accrued right of any person would be adversely affected if such breakup of marks and the online application forms are disclosed.
Justice Gangopadhyay further rapped the Commission for objection to the publication of such breakup of marks by opining that it is evident that candidates have not been appointed in a fair manner.
"It does not require the knowledge of rocket science to understand that except those persons, who have got the recommendation from the Commission and appointment letters from the West Bengal Board of Secondary Education illegally (instances are there is the application) no candidate who has been appointed in a fair way, i.e., really on the basis of the marks obtained by her/him in written examination, against academic score and professional qualification and against the interview would be affected. Transparency in this regard would go against corruption", the Court observed.
It was further opined that a large number of similar matters have come before the Court alleging such illegal appointments wherefrom it has become gradually clear that the 'tip of the iceberg of corruption in appointments by School Service Commission' is being enlarged day by day.
It may be noted that the Court has earlier ordered a CBI probe into not less than 5 similar cases alleging illegal appointments in the recruitment of teachers pertaining to the West Bengal State Level Selection Test (SLST).
Also Read: 'Trying To Cover Up Some Facts': Calcutta High Court Orders CBI Probe Into Another Govt Teacher Recruitment Scam
Case Title: Soma Sinha v. The State of West Bengal & Ors
Case Citation: 2022 LiveLaw (Cal) 174
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