BAISHAKHI BHATTACHARYYA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Several writ petitions and few appeals have been heard by this Division Bench, relating to the 2016 selection process conducted by the West Bengal Central School Service Commission (SSC for short), in terms of the order dated November 9, 2023 passed by the Supreme Court.

(2.) Initially, in terms of such order dated November 9, 2023 of the Supreme Court, we had commenced hearing of the matters on January 29, 2024. In the midst of hearing, learned counsel for one of the parties had submitted that, his clients would require inspection of the documents sought to be relied upon in the proceedings. Pursuant to such request being made, hearing of the matters had been adjourned and directions for giving inspection were passed on February 5, 2024. Further directions had been passed to facilitate the inspection. Subsequently, hearing of the matters had commenced on March 4, 2024. The matters have been heard practically on a day-to-day basis and for the substantial period of the day on the dates of hearing. Learned counsels for the parties has submitted written notes on argument. Contentions of Writ Petitioners

(3.) Mr. Bikash Ranjan Bhattacharjee, learned Senior Advocate appearing for the writ petitioners has drawn the attention of the Court to the fact that, the 2016 selection process conducted by SSC for recruitment to the post of Group D and C in terms of the West Bengal School Service Commission (Selection of Persons for the Appointment to Non- Teaching Staff) Rules, 2009 and to the post of Assistant Teacher in classes IX and X in terms of West Bengal School Service Commission (Selection for Appointment to the Post of Teachers for Classes IX and X in Secondary and Higher Secondary Schools) Rules, 2006 and to the post of Assistant Teacher in classes XI and XII in terms of West Bengal School Service Commission (Selection for Appointment to Post of Teachers for Classes XI and XII in Higher Secondary Schools) Rules, 2016 are under challenge. He has pointed out that in one of such writ petitions being WPA No. 12266 of 2021 (Sandeep Prasad and Ors. vs. State of West Bengal and Ors.) the writ petitioners approached the learned single Judge pointing out 25 examples where candidates were recommended by SSC after expiry of the panel prepared in relation to recruitment process in respect of Group D appointments. Similar writ petitions had been filed in respect of Group C appointments. In this context, he has drawn the attention of the Court to the affidavit of SSC affirmed on November 18, 2021 and November 22, 2021. The learned single Judge by an order dated November 21, 2021 passed in WPA 12266 of 2021 had appointed the Central Bureau of Investigation (CBI) to investigate the illegalities and the money trail, if any. An appeal had been carried against such order dated November 21, 2021 when the Appeal Court by an order dated December 6, 2021 found serious irregularities in the recruitment process and held that a constitutional Court can go deeper into the matter in the interest of justice and mould the relief accordingly. He has contended that, the issue of non- maintainability of the writ petitions had been decided by the Division Bench and that the Division Bench had found the writ petitions to be maintainable.