Calcutta High Court (Appellete Side)
Setab Uddin & Ors vs The State Of West Bengal & Ors on 14 December, 2022
Author: Abhijit Gangopadhyay
Bench: Abhijit Gangopadhyay
W
14. 12. 2022
SA/BP WPA 13700 of 2021
Sl. 2,3 and 4 With
CAN 1 of 2022
Court No. 17. CAN 2 of 2022
Setab Uddin & Ors.
Vs.
The State of West Bengal & Ors.
With
WPA 17273 of 2021
with
CAN 1 of 2022
Nasrin Khatun
Vs.
The State of West Bengal & Ors.
With
WPA 13701 of 2021
with
CAN 1 of 2022
Md. Abdul Gani Ansari
Vs.
The State of West Bengal & Ors.
Mr. Firdous Samim
Ms. Gopa Biswas
Ms. Mousumi Hazra
.. for the Petitioners.
Dr. S.K. Patra
Ms. Supriya Dubey
..for SSC.
Mr. Sirsanya Bandyopadhyay
Mr. Shamim ul Bari
Mr. Arka Kumar Nag
..for the State in
WPA 13700 of 2021 and WPA
13701 of 2021.
2
Mr. Billwadal Bhattacharyya, Ld. Deputy Solicitor
General of India
Mr. Arijit Majumdar
..for CBI
Ms. Koyeli Bhattacharya
..for WBBSE
Mr. Partha Sarathi Bhattacharya, Sr. Advocate
Mr. Anindya Bose
Mr. Diptendu Mondal
..for the applicant in
CAN 2 of 2022 of WPA 13700 of 2021,
applicant in CAN 1 of 2022 of
WPA 17273 of 2021 and WPA
13701 of 2021
1. The School Service Commission will come up with the
report as was directed earlier on 16th December, 2022.
The West Bengal Board of Secondary Education has
come up with a report signed by its Secretary dated
13.12.2022. Copy of the report has been given to the
other appearing parties. From the said report, as has
been submitted by Ms. Bhattacharya, learned advocate
for the Board that out of 183 numbers of candidates
who according to the School Service Commission was
recommended wrongly, only 80 persons joined against
such recommendations, but 103 numbers of persons
did not join the schools. It is evident that they were not
interested to join.
All these 183 candidates were recommended for the
post of Assistant Teachers in Classes IX and X of the
Government aided schools.
According to the School Service Commission, 81
3
persons joined and 102 numbers of persons did not
join.
Therefore, it appears that there is a discrepancy in
respect of a single candidate and I direct Dr. Patra,
learned advocate for the School Service Commission and
Ms. Bhattacharya, learned advocate for the Board that
they will sit together immediately in the Commission's
office and to find out why this discrepancy has
happened and they will take appropriate steps to
finalize the number of non-joining candidates either for
inclusion of one candidate or for exclusion of one
candidate.
The dates are to be changed as to recommendations
and appointments.
2. In any event it appears that at least 102 numbers of
declared vacancies (in different subjects and categories
etc.) have not been filled up as 102 numbers of
candidates did not join. Therefore, in those vacancies
wait listed candidates in their place, in the subjects
according to the merit, category etc. shall be
recommended by the School Service Commission by 24th
December, 2022 and the Board will issue appointment
letters to them by 28th December, 2022.
3. All such appointment letters are to be uploaded by the
Board in its website by 28th December, 2022. This
4
exercise of giving recommendation and appointment to
the genuine candidates will continue on detection of the
illegally appointed candidates and I believe now the
tears from the eyes of the genuine candidates will be
wiped and the anxiety which has arisen in their mind as
to whether they would be given appointments or not,
will be removed.
4. There might be a question that the panel and the wait
list has already been expired but it is to be kept in mind
by all concerned that the wait listed candidates' right
accrued on the day when it has come to knowledge that
102 numbers of recommended candidates did not join
the recommended schools. The Commission also did not
knowing this. Therefore, they will be entitled to get
recommendations and appointments for validity period
of the wait list from that date as has been indicated
above.
5. As this is a clear case of corruption and organised crime
as being unearthed by CBI the wait listed candidates
cannot be deprived by the contention that the panel and
the wait list have been expired. Therefore, there shall be
no illegality in recommending the wait listed candidates
in the place of at least 102 numbers of vacancies. If it is
103 numbers of vacancies would be known later.
6. CBI has in the meantime intimated this court that all
5
particulars of the hard disc recovered by them from
Gaziabad, U.P. have been given to School Service
Commission. CBI has also seized the hard disc as to the
marks etc. of candidates from the School Service
Commission's data room at its Salt Lake Office. It has
already come to light that in Gaziabad hard disc, the
OMR sheets of the candidates are recorded whereas in
the School Service Commission's hard disc, there is no
recording of those OMR sheets. Original OMR sheets
have also been destroyed by the Commission. It has
been found that the marks obtained by the candidates
against the OMR sheets in Gaziabad hard disc while, for
example, are 3, 4, 5 etc. (and also some blank OMR
sheets) but the marks obtained by the same candidates
in the Salt Lake hard disc are, say, have been increased
to 53, 54 and 55 etc. This is the result of organized
crime of School Service Commission sellers.
7. Today I direct the Commission to publish all OMR sheets
of the empanelled and wait listed candidates for the
posts of Assistant Teachers for Classes IX and X.
Besides such publication of all such OMR sheets as
directed above, a table is also to be published giving the
names, roll numbers, the subjects and categories of the
candidates whose OMR sheets would be published. This
publication of OMR sheets and the table is to be done
6
by 20th December, 2022. The counselling is to be held
by the School Service Commission in respect of the wait
listed candidates of different subjects, categories etc. by
24th December, 2022 and recommendations are to be
handed over on the same day at the time of counselling
to those candidates.
8. A note of caution and a specific order is required to be
given by this court in respect of the wait listed
candidates as it has also been submitted by CBI that
there are some wait listed candidates who have been
benefited from the corruption and organised crime
which is evident from the OMR sheets seen from
Gaziabad hard disc when compared to the hard disc of
Commission's Office at Salt Lake. This court makes it
clear that if subsequently on verification of any wait
listed candidates' OMR sheets etc. it is found that such
wait listed candidate benefited out of corruptions and
organized crime aforesaid is recommended and given
appointment because of the order passed today, the
recommendation and appointment shall be withdrawn
on such ground of illegality, corruption and as a result
of the organized crime.
9. As it has already been found that there are
manipulations so far as the marks obtained by the
candidates in the OMR sheets have been made in a
7
large scale which is more than 8000 in respect of
Assistant Teachers in Classes IX and X, Assistant
Teachers in Classes XI and XII, Group-C candidates and
Group-D candidates and the money trail which is
coming to light in such organized crime is required to be
investigated forthwith and for this purpose I add
Enforcement Directorate (ED) as party respondent in
this application. ED shall be made party in respect of other applications also where CBI has been made a party.
10. At the relevant point of time of this organized crime the Chairman of the School Service Commission was one Subires Bhattacharya and the President of the West Bengal Board of Secondary Education was one Kalyanmoy Ganguly and they had some conduits and some agents in this organized crime of selling jobs in schools who are now in custody. All of these have come in the record of this court in different matters. Therefore, ED must not leave any stone unturned for detecting the money trail including interrogating any person and taking further steps under the law as required, whether he is in custody or is roaming free. However, it is made clear that as of now the investigation by ED will not be court monitored investigation. Court may call for reports from time to 8 time from ED but as of now this court will not monitor the investigation of ED as is being done in the case of CBI. The matters before CBI are under the monitoring of this court.
11. I direct the CBI and ED to exchange their inputs and information required for a complete investigation into the matters and they must have coordination between themselves to find out the money trail and other angles of this organised crime including the persons involved in it.
12. I direct the petitioners to add Enforcement Directorate a party in course of this day.
The report filed by the West Bengal Board of Secondary Education is kept on record.
I direct the petitioners to communicate the gist of this order to Enforcement Directorate forthwith.
List this matter on 16.12.2022 when it will be taken up at 2.00 P.M. (Abhijit Gangopadhyay, J.) 9 Rul