In a landmark verdict, the Calcutta High Court Division Bench today provided significant relief to approximately 32,000 primary school teachers whose jobs were previously canceled by a single bench order. The Division Bench ruled that the appointments would remain valid, setting aside the earlier order of dismissal.

The Division Bench Ruling

The ruling was delivered by the Division Bench of Justice Taptabrata Chakraborty and Justice Ritabrata Kumar Mitra shortly after 2 PM.

The Bench ordered the reinstatement of the 32,000 teachers, noting that canceling appointments after a nine-year period of service would have severe adverse effects.

The court observed: “We must also consider the families of those who have been working for nine years. The entire process cannot be damaged just because some petitioners were unsuccessful.”

Grounds for Setting Aside the Single Bench Order

The single bench order, issued by the then-Justice Abhijit Gangopadhyay on May 12, 2023, mandated the dismissal of 32,000 teachers who lacked proper training, citing widespread flaws in the entire interview procedure.

The Division Bench, however, rejected this reasoning based on the following observations:

* No “Roaming Inquiry”: Justice Taptabrata Chakraborty stated that the court cannot conduct a ‘roaming inquiry’ (an undirected investigation) and must consider all aspects when making a decision.

* No Question on Teaching Quality: The court noted that the quality of education provided by the teachers over the past nine years was never questioned.

* Lack of Direct Corruption Proof: The Bench pointed out that there was no conclusive evidence from the CBI investigation or elsewhere that the interviewers had taken money to award extra marks, suggesting the entire process could not be summarily deemed defective.

* Locus Standi of Petitioners: The court also emphasized that the petitioners in the case were not employed teachers but unsuccessful candidates, arguing that the entire recruitment process should not be invalidated for the sake of those who did not pass.

Based on these compelling arguments, the Division Bench set aside the single bench’s decision.

Background of the Recruitment Case

The controversy stems from the primary teacher recruitment process initiated after the 2014 TET (Teacher Eligibility Test) notification. This led to two subsequent recruitment drives, resulting in the appointment of more than 42,500 teachers.

Allegations of gross irregularities surfaced, leading to multiple cases in the Calcutta High Court. The primary allegations raised by the petitioners included:
* Non-adherence to the 2016 Recruitment Rules.
* Violation of reservation protocols.
* Absence of a proper selection committee; a third-party agency prepared the panel.
* Failure to conduct a proper aptitude test or lack of proper guidelines for the same.
* Awarding of extra marks to undeserving candidates, and lack of clarity on cut-off marks.
* Appointments made in excess of available vacancies, with some candidates lacking minimum qualifications.

The State Government and the Primary Education Board, while refuting outright corruption, conceded that some irregularities had occurred but claimed they were subsequently rectified.

Teacher’s Reaction

Teachers who had faced the looming threat of job loss expressed immense relief following the verdict. A teacher named Amit Saha commented, “Truth has prevailed. We did not pay any money. We are thankful to the lawyers who argued for us. Many of us have home loans and children. Losing our jobs would have left us with no option but suicide.”

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