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(vi) OMR sheets had been destroyed without the scanned mirror images being preserved in the server of SSC
(vii) SSC had provided scanned OMR sheets to RTI applicants in the year 2018 till 2023 claiming that such OMR sheets were from its database although, CBI did not find any OMR sheets in the server of SSC
(viii) appointments higher than the declared vacancies had been given in respect of all 4 categories

5. Investigation has established that the scanning of OMR sheets was undertaken by the said M/s Nysa Communication Pvt Ltd at WBCSSC office at Acharya Sadan under direct supervision of Sh Niladri Das and in presence of WBCSSC officials. It has been further established that M/s NYSA communication Pvt. Ltd. had further given work order w.r.t. scanning the original OMR to M/s Data Scantech Solutions, Noida who remained present on the premises of WBCSSC for the scanning work. After completion of scanning, the precessed data in the form of scanned images of OMRs, scan data etc. were handed over by M/s Data Scantech Solutions to M/s Nysa Communication Pvt Ltd. who took the same to their officer located at Noida in digital form (Hard Disks) leaving the original hard copies of OMR sheets in the office of the WBCSSC, WBCSSC handed over their answer keys in respect of all subjects to M/s Nysa Communications Pvt Ltd for evaluation of OMR responses.

28. We may have accepted this argument if WBSSC had the original physical OMR sheets or the mirror copy of the OMR sheets. However, WBSSC accepts that 57 candidates (Group C – OMR Mismatch), 170 candidates (Group D – OMR Mismatch) and 12 candidates (Class IX-X Assistant Teacher – common to rank jumping and out of panel). they do not have the physical OMR sheets as they were destroyed in terms of Rule 21 of the Class IX and X and Class XI and XII Rules, which require retention of the OMR sheets for only one year. Rule 21 of the Class IX and X and Class XI and XII Rules reads:

33. It is peculiar that WBSSC did not retain the mirror/scanned copies of the OMR sheets in their electronic record while allowing M/s. Nysa to keep them. The CBI report dated 05.02.2024 indicates that WBSSC did initially retain the scanned/mirror copies of the OMR sheets which were subsequently deleted/destroyed.39 The contradictory stance of WBSSC on the possession and destruction of scanned/mirror copies of the OMR sheets reflect an attempt to cover up illegalities and lapses in the selection process. Though the WBSSC claimed to not retain the scanned/mirror images of the OMR sheets, vide Right to Information application response dated 12.10.2023 and 18.01.2024, they furnished the scanned/mirror images of OMR sheets to two candidates. WBSSC records in the Right to Information application response dated 12.10.2023 and 18.01.2024 that the mirror image of OMR sheet is being furnished ‘as per data stored in Commission’s database’. However, subsequently WBSSC took a stance that the said scanned/mirror copies of the OMR sheets were obtained from the data retrieved by CBI.