Termination of 32,000 Teachers in West Bengal Stayed: Relief by Calcutta HC

On Friday, the Calcutta High Court’s division bench stayed the order of a single-judge bench of Justice Abhijit Gangopadhyay who had set aside the appointment of 32,000 teachers in West Bengal. 

The bench of Justices Subrata Talukdar and Supratim Bhattacharya noted that the original writ petitioners who had challenged the appointment had a cause of action after the discovery of fresh material by the board on November 28, 2022.

The earlier order by single judge bench of Justice Gangopadhyay had the duty to hear the respondent-teachers before passing any order, the division bench said which it didn't.

They further emphasized that the judge had a duty to extend a right of hearing even in the representative capacity to the present appointees. 

The bench held that the termination of jobs, otherwise protected twice earlier, without extending meaningful right of defence to affected parties, prima facie requires judicial intervention. Therefore, they issued an interim stay on the termination of jobs till September 2023.

The division bench was hearing matters related to the illegal recruitment in schools in West Bengal, when they were told that in the recruitment process held in 2016, thousands of “untrained” candidates were appointed despite them scoring less in the Teachers Eligibility Test (TET) and other counts. Justice Gangopadhyay had noted that to recruit such candidates who scored less, they were given extra marks or maximum marks in aptitude tests which were shown to be conducted only on paper. This was in clear violation of the Recruitment Rules, the single-judge had said.

The single-judge had, therefore, cancelled appointments of all the 36,000 candidates, who were untrained at the time of the recruitment process in 2016. This order was challenged by several teachers and the West Bengal Board of Primary Education (WBBPE) before the division bench.

Advocate Tarunjyoti Tiwari, appearing for the original writ petitioners, highlighted the fact that his clients did not get the job despite scoring more marks than the 36,000 appointees. He argued that the hard fact is that there are thousands and thousands of youths, who are jobless.

One of the advocates, appearing for some teachers, pointed out that on April 3, Justice Gangopadhyay had dismissed similar petitions on the ground that the same were filed after a delay of six years. 

The advocate further highlighted the fact in December 2022, Justice Gangopadhyay had given an interview to a newspaper on this very issue. He argued that the judge stepped into the shoes of a prosecutor and passed this order as he premised his order, wholly on section 165 of CrPC, which deals with search and seizures of material by investigating officers during a probe.

The division bench ordered the Board to conduct selection exercise before the end of August 2023 as ordered by Justice Gangopadhyay. They also, ordered to place the matter now before a division bench in September 2023.

The recent decision by the division bench of the Calcutta High Court to stay the order of a single-judge bench, which had set aside the appointment of 32,000 teachers in West Bengal, brings relief to the present appointees. The division bench emphasized the importance of granting a right of hearing to the respondent-teachers and highlighted the need for judicial intervention in the termination of jobs without a meaningful right of defense. With an interim stay on job termination until September 2023, the division bench aims to address the issue of illegal recruitment, ensuring a fair selection process and providing opportunities to jobless youths. The matter will be further deliberated upon by a division bench in September 2023, allowing for a comprehensive resolution to the case.(alert-success)