Calcutta High Court (Appellete Side)
Sandeep Prasad & Ors vs The State Of West Bengal & Ors on 28 September, 2022
Author: Abhijit Gangopadhyay
Bench: Abhijit Gangopadhyay
28. 09 . 2022
W
BP/SA WPA 12266 of 2021
Sl.285 to 291
Court No. 17. CAN 1 of 2021, CAN 2 of 2021, CAN 3 of 2021
CAN 4 of 2021, CAN 5 of 2021 and CAN 6 of 2022,
Sandeep Prasad & Ors.
Vs.
The State of West Bengal & Ors.
And
WPA 12270 of 2021
CAN 1 of 2022, CAN 2 of 2022 and CAN 3 of 2022
Sabina Yeasmin & Ors.
Vs.
The State of West Bengal & Ors.
And
WPA 13700 of 2021
Setab Uddin & Ors.
Vs.
The State of West Bengal & Ors.
And
WPA 13701 of 2021
Md Abdul Gani Ansari
Vs.
The State of West Bengal & Ors.
And
WPA 17273 of 2021
Nasrin Khatun
Vs.
The State of West Bengal & Ors.
And
WPA 18585 of 2021
Luxmi Tunga & Ors.
Vs.
The State of West Bengal & Ors.
2
And
WPA 5538 of 2022
CAN 2 of 2022
Anindita Bera
Vs.
The State of West Bengal & Ors.
Mr. Bikash Ranjan Bhattacharya, Sr. Advocate
Mr. Sudipta Dasgupta
Mr. Arka Nandi
Mr. Arkadeb Biswas
Ms. Dipa Acharya
Mr. S. Nayek
... for the petitioners in WPA 12266
of 2021, WPA 12270 of 2021 and WPA 5538 of 2022
Mr. Bikash Ranjan Bhattacharya, Sr. Advocate
Mr. Firdous Samim
Ms. Gopa Biswas
Ms. Mousumi Hazra
..for the petitioners in WPA 13700 of
2021, WPA 13701 of 2021, WPA 17273 of 2021 and WPA
18585 of 2021
Dr. Sutanu Kumar Patra
Ms. Supriya Dubey
..for SSC.
Ms. Koyeli Bhattacharya
..for the Board.
Mr. Billwadal Bhattacharyya, Ld. Deputy Solicitor
General of India
Mr. Arijit Majumdar
..for CBI
Mr. Anirban Ray, Ld. G.P.
Mr. Raja Saha
Mr. Shamim ul Bari
..for the State in WPA 13700 of
2021, WPA 13701 of 2021 and WPA 18585 of 2021
3
Today the CBI has filed four status reports in
respect of following four matters :-
(1) WPA 5538 of 2022 (Anindita Bera Vs. State of
West Bengal & Ors.)
(2) WPA 12270 of 2021 (Sabina Yeasmin & Ors. Vs.
State of West Bengal & Ors.)
(3) WPA 18585 of 2021 (Luxmi Tunga & Ors. Vs.
State of West Bengal & Ors.)
(4) WPA 5406 of 2022 (Babita Sarkar Vs. State of
West Bengal & Ors.)
I have opened two of these sealed envelopes - one
is of Babita Sarkar and the other is of Anindita Bera and
other two have not been opened as of now.
The CBI has also filed reports in all four cases
regarding School Service Commission Recruitment Scam.
From the two reports in respect of WPA 5406 of 2022 and
WPA 5538 of 2022, I have found to my utter surprise a
large number of blank OMR sheets and some OMR sheets
with six or seven filled up circles. I am told by the learned
advocate for the CBI that all these persons who filed the
blank OMR sheets in all probability have been
recommended by the School Service Commission and have
got appointments but the Commission should disclose the
real situation. The same is true also in respect of Anindita
4
Bera's matter. Here also I find a large number of blank
OMR sheets and some OMR sheets only six or seven
circles are filled up (i.e. answered) and in some OMR
sheets only one or two circles in the answering portion
have been filled up (i.e. answered) and those persons
allegedly have been given appointments. Final call is for
the School Service Commission. I do not know what will
happen if I open other two sealed envelope.
I cannot restrain myself from opening the other two
sealed reports filed by the CBI today. In respect of Sabina
Yeasmin (WPA 12270 of 2021) also after opening the
sealed cover I find a large number of blank OMR sheets
and the School Service Commission only can ascertain
whether these persons who submitted blank OMR sheets
got the appointments or not. After opening the sealed
envelope in respect of Luxmi Tunga (WPA 18585 of 2021) I
also find that very few circles have been filled up in some
OMR sheets and in some OMR sheets no circle has been
filled up. Have they got appointment? Commission to
reply.
I direct CBI to give the names and roll numbers of
the persons who have submitted such type of OMR sheets
for SLSTs and RLSTs to check by the Commission
whether these persons have got recommendations and
appointments or not. I also direct the West Bengal Board
5
of Secondary Education to see whether appointment
letters were given to those persons who have submitted
such type of OMR sheets as has been indicated above. For
this purpose the Board will sit in a meeting in the third
week of October, 2022 with the School Service
Commission in the Commission office at Acharya Sadab,
Salt Lake to check whether they have issued appointment
letters to these persons.
CBI has intimated that they chased the involved
persons upto Delhi and they have been able to collect
three hard discs and the mother disk (original data) for
marks in OMRs tabulated sheets etc of all candidates of
IX-X, XI-XII, Group-C and Group-D in respect of the
recommendations and appointments by the School Service
Commission and by the West Bengal Board of Secondary
Education respectively.
CBI has also made a thorough comparison of the
particulars contained in the mother disk and the
particulars in the server of the School Service Commission
found from its server room and today one status report
has been handed over by Mr. Billwadal Bhattacharya,
learned advocate for the CBI which is quoted below:-
1.RC-05/22:- Group C, Total appointment given-2037 Manipulations found in hard disk and server data-3481 candidates out of which empanelled candidate-744 Wait Listed-1022 Neither impaneled nor in wait list-1715 Candidates given appointments after expiry of panel as 6 per BAG Committee Report-381
2.RC-02/22:- Group D, Total appointment given-3880+607=4487 Manipulations found in hard disc and server data-2823 candidates out of which impaneled candidate-1698 Wait Listed-984 Neither impaneled nor in wait list-141 Candidates given appointments after expiry of panel - 607 out of which investigation was conducted about 16 candidates= 10 failed + 6 waiting list.
3.RC-04/22:- Class XIth and XIIth Assistant Teacher, Total appointment given-5500 Manipulations found in hard disk and server data-907 candidates out of which empanelled candidates-691 Wait Listed candidates-138 Neither empanelled nor in wait list-78 Candidates given appointments after expiry of panel-39
4.RC-03/22:- Class IXth and Xth Assistant Teacher, Total appointment given-11425 Manipulations found in hard disk and server data-952 candidates out of which empanelled candidates-796 Wait Listed Candidates-104 Neither impaneled nor in wait list-52 Candidates given appointments after expiry of panel -183 Now it is the job of the School Service Commission to take all such particulars from CBI to intimate this court on the next date of hearing about the appointments, manipulations etc. How many of such persons have got appointments whose marks have been illegally increased as found only by CBI from the comparison of the mother disk and the server (i.e. the data room of the School Service Commission which was sealed and placed under the vigil of Central Reserve Police Force by order of this court).
7
The other report which has also been submitted today to the court by CBI is a gist of the other four reports. All such reports are again to be sealed and to be kept in the custody of the Registrar General of this court.
I direct the learned advocate for the petitioners to contact the School Service Commission to find out how many persons have been illegally appointed which exercise has been done in one meeting and for this purpose other meetings may have to be held for bringing it to the notice of this court about the names and other particulars of the persons who have got illegal appointments.
Here this court makes an appeal to the persons who have got the illegal appointments. Those persons know it very well that they have got service as a result of illegality and corruption, may be they have purchased the job by paying some money to some touts or to some other persons or may be they got it against some other considerations. This court will expect that these persons will resign by 9th November, 2022 and if they so resign their matter will come to an end and those posts where they are working now would be declared as vacant after such resignation so that the genuine persons from waitlist can be given appointments the said recruitment process. But if they do not resign and the illegal appointment is detected after 9th November, 2022 this court will not 8 hesitate to pass very strict orders against them. This is an opportunity which is being given to those candidates who have got appointments illegally and those who will think rightly and resign will be treated as persons who are regretful for their acts but the persons who would not resign will be treated by this court very strictly.
Today I have found from the reports filed by CBI that CBI has made huge progress in the matter silently and they have worked very efficiently uptill now in these matters. I expect from them to act in a way to expose the whole corruption including finding out the mastermind behind this whole corruption. Nobody should be spared whatever be his position in society and I expect CBI to do their job as is expected not only by this court but also the citizens of this country.
List the matters on 16th November, 2022 at 2 p.m. If some persons, who have got employment illegally and as a result of corruption, resign, they should intimate the School Service Commission by sending a letter by registered post with A/D with a copy of their resignation letter along with original signature and seal of the Headmaster/Headmistress of the school in the said copy by 11th November, 2022.
I direct the School Service Commission to upload this order immediately in their website and a very short 9 advertisement in a prominent place in newspapers stating that an order in respect of illegal appointments have been passed today by this court which is available in the website of the Commission which is to be seen by the persons interested. Such advertisement is to be published in one Bengali, one English and one Hindi highly circulated daily newspapers in West Bengal and in one English and in one Hindi highly circulated daily newspapers.
Four reports filed by Dr. Patra, learned advocate for the School Service Commission pursuant to the order passed by this court in respect of IX-X are kept on record.
Though I have stated that after the vacancy created in those places, either by resignation of the illegally appointed candidates or by their removal by this court the waitlisted candidates would be given appointments, it is made clear that these waitlisted candidates will not include the candidates in whose OMR sheets CBI has found that manipulations have been made so that they can qualify for inclusion in the waitlist.
(Abhijit Gangopadhyay, J. ) 10 Rul