Calcutta High Court Setback For Mamata Banerjee In 'Tainted' Teacher Case

Calcutta High Court Setback For Mamata Banerjee In 'Tainted' Teacher Case

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• Calcutta High Court upheld single-judge bench order barring teachers 'tainted' by a 2016 recruitment scandal
• 25,753 teachers recruited in 2016 were fired over fraudulent applications and told to return salaries
• The Supreme Court had confirmed the cancellation, citing manipulation and cheating in the process

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A division bench of the Calcutta High Court has upheld the order of a single-judge bench barring 'tainted' candidates - i.e., those accused of wrongdoing in 2016 during recruitment of teachers for state-run schools - from taking part in fresh applications ordered by the Supreme Court.

Justice Soumen Sen and Justice Smita Das De on Thursday upheld Justice Saugata Bhattacharya's Monday order, and made it clear that those who used unfair means to secure jobs in government schools in 2016 must be excluded from the fresh recruitment process.

The Bengal government had argued in favour of the 'tainted' candidates, pointing out they had already been punished and could not be stopped from earning a livelihood.

In April the Supreme Court confirmed an order passed by the Calcutta High Court almost exactly one year earlier. The High Court had cancelled the 2016 selection process; this meant 25,753 men and women were fired and told to return their salaries with 12 per cent interest.

READ | Big Blow To Trinamool, 25,000 Teachers Fired, Told To Return Salary

They had submitted blank OMR sheets and were recruited illegally, the court ruled.

The bench - set up after a directive from the Supreme Court - also ordered a federal investigation into the recruitment process and directed the hiring begin anew.

A year later the Supreme Court upheld the High Court order; the top court said the entire selection process had been "vitiated by manipulation and fraud".

READ | Top Court Sacks 25,000 Teachers, Blow To Mamata Banerjee Government

The bench - of then-Chief Justice Sanjiv Khanna and Justice PV Sanjay Kumar - said it saw no reason to interfere with the order and that the appointments resulted from cheating.

The cancellation of the jobs led to a massive political row in Bengal, with Ms Banerjee's Trinamool Congress and the opposition, led by the Bharatiya Janata Party, at each other's throats.

READ | "Don't Want To Throw Out Tainted Staff": Supreme Court Slams Bengal

Ms Banerjee - under fire with a critical Assembly election next year - said she would protect the jobs of 'deserving' teachers and pointed to similar scandals in BJP-ruled states.

READ | "Not While I'm Alive": Mamata Banerjee On Sacking Of Teachers

"In the Vyapam case in BJP-ruled Madhya Pradesh, so many people were killed. They have not got justice till today. In NEET, many allegations surfaced. The Supreme Court did not cancel the examination. Why is Bengal being targeted? We want to know. You are scared of Bengal's talent," she told a gathering of sacked teachers at Kolkata's Netaji Indoor Stadium.

In the weeks and months that followed disgruntled 'tainted' teachers held furious protests in Kolkata, and clashed with police. By May-end Ms Banerjee acknowledged the court's order would be followed; she said her government would open a new round of applications.

READ | Fresh Teacher Recruitment Will Start As Per Top Court Order: Mamata

She said 44,203 vacant posts would be filled and that age-related qualifying criteria would be relaxed for those who had lost their jobs earlier. However, many of those individuals have protested at being asked to sit for the qualifying exams again. "We will not sit for a fresh exam. Our demand is clear..."

With input from agencies

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