Supreme Court stays High Court's order to terminate 25,000 school posts in West Bengal

PoliCharcha | Updated: May 07, 2024, 12:29 PM

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Supreme Court stays High Court's order to terminate 25,000 school posts in West Bengal

In a major development, the Supreme Court intervened on Tuesday by staying the Calcutta High Court's order to terminate approximately 25,000 teaching and non-teaching positions in state-run and state-aided schools across West Bengal.

This decision comes as a relief to thousands of individuals whose livelihoods were at risk following the High Court's ruling on April 22, which invalidated the appointment of 25,753 teachers and non-teaching staff in these schools.

A bench comprising Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra heard a series of petitions challenging the high court's decision. They highlighted that if the allegations against nearly 8,000 teachers, currently under investigation by the CBI, are proven, the High Court's order would apply to them, necessitating the refund of their salaries.

During the proceedings, Chief Justice Chandrachud expressed concerns about the potential loss of public faith, stating that public sector jobs are crucial for social mobility. He questioned the state government's lawyers, noting the absence of data maintenance protocols and supervisory control, essential for such appointments.

The bench pointed out the state government's failure to demonstrate proper data maintenance practices, stating, "Either you have the data or you do not have it... You were duty-bound to maintain the documents in digitised form. Now, it is obvious that there is no data." This critique underscores the serious lapse in administrative oversight regarding these appointments.

The West Bengal government, in its appeal presented by advocate Astha Sharma, argued that the high court's decision to cancel the appointments was arbitrary. The state highlighted the potential vacuum that such cancellations would create in educational institutions, especially with the new academic session approaching, and the adverse impact on students.

This stay by the Supreme Court offers temporary respite to the affected individuals and reflects the complexities and challenges surrounding public sector appointments and administrative procedures in the state.