INTRODUCTION
The West Bengal School Service Commission (WBSSC) recruitment scam is an education and suspected political scam that has been going on in West Bengal, India, since the year 2022. The School Service Commission scam revolves around certain alleged irregularities in the recruitment process for teachers in state-run schools. Petitions were filed in the Calcutta High Court alleging irregularities regarding the appointment of the candidates selected through (SLST). As a result, the Central Bureau of Investigation (CBI) was directed by the Calcutta High Court to investigate the scam in November 2021. The CBI conducted a thorough investigation and in the process raided several locations all across West Bengal and arrested several individuals in July 2022. The Supreme Court intervened in the case, with CJI DY Chandrachud terming the alleged recruitment scam “systemic fraud” and also directed that “the said authorities were duty bound to preserve the digital records of the appointed candidates, which constitute around 25,753 teachers and non-teaching staff.”[1]
The scam has led to the cancellation of nearly around 24,000 appointments made through the SLST conducted in 2016. Thus overall, the West Bengal SSC recruitment scam prominently highlights the dire need for transparency and accountability in government-conducted recruitment processes to maintain public trust and prevent systemic fraud[2].
BACKGROUND of the SSC Scam
The SSC (Staff Selection Commission SCAM IN West Bengal is a major recruitment scandal involving the illegal appointment of thousands of teachers and staff in state-run schools. In 2016, the West Bengal School Service Commission (WBSSC) conducted the State Level Selection Test (SLST) for recruiting teachers in classes 9-12. However, the recruitment process revealed certain irregularities which involved lower marks being ranked higher on the merit list, appointments being made after the expiration of panel tenure, manipulation of OMR sheets (of around 907 teachers, 2,823 Group D employees and 3,800 Group C employees) and as well as candidates getting jobs through OMR frauds (almost 8,611 employees for state-run schools were appointed illegally).[3] The SSC had appointed an agency named NYSA to scan and evaluate the OMR sheets. This agency, however, appointed another agency known as Data Scantech, to scan the OMR sheets. Though the scanning was done at the office premises of SSC, the SSC surprisingly claimed that it had not authorized Data Scantech’s involvement in the process of scanning OMR sheets. Moreover, the original OMR sheets of the candidates were reported to have been destroyed with only scanned copies of the sheets being present on their server. However, the CBI couldn’t find any scanned images on their server. Apart from this the irregularities involved appointments made beyond available vacancies and also the selection of candidates who submitted blank OMR sheets[4]. Former Education Minister of the West Bengal government Mr. Partha Chatterjee was mainly accused of illegally recruiting teachers and a possible money trail was suspected. In 2022 Calcutta High Court cancelled the appointments of nearly 24000 teachers and non-teaching staff recruited through the 2016 process and in its judgment, the HC’s bench including Hon’ble Justice Debangsu Basak and Hon’ble Justice Md Shabbar Rashidi had said “The entire selection process is shrouded in such mystery and in such layers that it is difficult to fathom the quantum of illegalities performed.”[5]
As a consequence, the court held that there was no other way left apart from totally cancelling all the appointments made in each of the 4 groups through the selection procedure.[6]
The High Court directed the appointed teachers to return their salaries as their appointments were deemed fraudulent. It also ordered the State Government to re-conduct fresh elections for the affected positions. The CBI was directed to investigate the scam further, including interrogating former SSC officials and determining the officials involved in the state government who approved illegal appointments. The Supreme Court later modified the High Court’s order, allowing the CBI probe to continue but precluding coercive action against the appointees. The SSC scam has exposed deep-rooted corruption in West Bengal’s education system and shaken public trust. It has led to growing outrage and questions about the credentials of teachers recruited in the last decade. The State government has argued in the apex court that “the immediate removal of such a large population of teachers would drastically affect students and put school education in the State in a quandary, that too, at the beginning of the new academic year. The education system itself may come to a standstill, the State apprehended”[7].
On May 7th, 2024, the Bench agreed that scrapping all the recruitments would be unwise. The court emphasized that valid appointments should be distinguished or separated from irregular ones. The State has also argued that even the CBI reports had stated the alleged irregularities in the recruitment to be only a little over 4,000 appointments. Neither the SSC nor the CBI had ever indicated that the entire recruitment process was tainted. Meanwhile, the Supreme Court Bench including the Chief Justice of India allowed the CBI to continue their investigation but precluded it from taking any coercive steps against them.[8]
ANALYSIS AND OPINIONS OF THE COURT
The Court’s examination of the role of the SSC as an authority under Article 12 of the Constitution of India revealed certain irregularities, the most significant one of them being the fact that the body appointed to scan the OMR sheets was after all not even authorized by the SSC. The Court in addition questioned the integrity and transparency of the process focusing its attention on the fact that original answer scripts were destroyed without the storage of their electronic copies on their server.
The Court also remarked that the right to education enshrined under Article 12 of the Constitution of India is considered to be an inevitable part of the right to life and personal liberty enshrined under Article 21 of the Constitution of India. Thus it indicates the fact that a child should receive a thing of vital importance such as his or her education only from authorized personnel[9].
The Court also expressed shock at the State Government’s attempt to protect such irregularly appointed teaching and non-teaching staff at the executive level considering the disastrous outcomes children would face if they are imparted education under incapable appointees[10].
A POTENTIAL EROSION OF SEPARATION OF POWERS IN WEST BENGAL: THE SSC SCAM AN EXAMPLE
- JUDICIAL INTERVENTION AND EXECUTIVE OVERSIGHT
The aforementioned narration of the intervention by the courts highlights the judiciary’s role in upholding the law and holding the executive accountable. Moreover, the alleged involvement of a senior cabinet minister in the scam raises concerns about potential executive influence on the WBSSC, a statutory body under the state legislature. This blurs the lines between the executive and the institutions supposed to be overseen (legislature) and regulated (WBSSC).
In May 2023, the stay of the Supreme Court order on the High Court order regarding salary return, acknowledging the potential hardship for genuinely selected candidates emphasizes the Court’s attempt to separate “tainted appointments”[11] From those conducted fairly. The continuing investigation by the CBI under the Court’s supervision further underscores the judiciary’s role in ensuring a fair and impartial probe.
- SILENCE OF THE STATE LEGISLATURE: A MISSED OPPORTUNITY
While the judiciary has actively addressed the issue, the role of the West Bengal state legislature, dominated by the TMC party (same as the accused minister), remains ambiguous. No concrete legislative action has yet been reported to have been taken to address the flaws in the WBSSC or prevent future irregularities. This perceived inaction can be interpreted missed opportunity for the legislature to uphold its role in creating a robust legal framework for fair recruitment processes[12].
CONCLUSION
The West Bengal SSC scam serves as a stark reminder of the importance of upholding the principle of separation of powers. While the judiciary has played a crucial role in exposing irregularities and initiating corrective measures, the perceived inaction of the legislature and the alleged involvement of the executive raises concerns about a potential imbalance in West Bengal. It has raised concerns about the separation of powers in West Bengal. The scandal, involving the Staff Selection Commission (SSC), has led to questions about the integrity of the recruitment process and the influence of political powers on administrative functions. This situation can potentially blur the lines between the executive, legislative, and judicial branches of government, impacting the principle of separation of powers. The SSC scam in West Bengal has highlighted issues of corruption, and political interference in the recruitment process, which can undermine the independence and impartiality of government institutions. This can lead to a situation where political interests overshadow the rule of law and the proper functioning of the state machinery.
In summary, the SSC scam in West Bengal has the potential to compromise the separation of powers by allowing political influences to interfere with administrative processes, raising concerns about the integrity and independence of government institutions.
Author(s) Name: Arno Dasgupta (Department of Law Calcutta University)
References:
[1] ‘West Bengal SSC recruitment scam : SC pauses Calcutta High Court order cancelling 24000 jobs, allows CBI to continue its investigation’( Economic Times 7th May 2024).
[2] ‘West Bengal teachers recruitment scam: HC cancels all appointments; over 24,000 jobs axed’(Times Of India, 22 April 2024)<https://timesofindia.indiatimes.com/city/kolkata/west-bengal-teachers-recruitment-scam-hc-cancels-all-appointments-over-24000-jobs-axed/>accessed 8th June 2024
[3] ‘OMR manipulation, candidates jumping ranks, direct jobs without recommendation letters: West Bengal SSC admits ‘scam’ in recruitment of 8611 employees in 2016 alone’(Opindia, 26 December 2023) https://www.opindia.com/2023/12/west-bengal-state-service-commission-admits-scam-recruitment-omr-manipulation/> accessed 9th June 2024
[4] Baisakhi Bhattacharya v. State of West Bengal (2024) SCC OnLine Cal 3862.
[5] ‘How the West Bengal school job scam unfolded’(The Indian Express, 9 June 2024)<https://www.newindianexpress.com/explainers/2024/May/05/how-the-west-bengal-school-job-scam-unfolded> accessed 9th June 2024
[6] ‘West Bengal Files Plea Before SC Against High Court Order Cancelling Appointment Of 23,123 Teaching And Non-Teaching Staff’(Law Beat, 29 April 2024)<https://lawbeat.in/top-stories/supreme-court-stays-calcutta-hc-order-cancelling-appointment-teaching-non-teaching-staff> accessed 9th June 2024
[7] ‘West Bengal recruitment scam: Supreme Court provides relief to over 23,000 teachers’(The Hindu, May 07 2024)<https://www.thehindu.com/news/national/west-bengal-recruitment-scam-supreme-court-provides-relief-to-over-23000-teachers/article68150636.ece> accessed 7th June 2024
[8] ‘WB Recruitment Scam: Supreme Court Extends Interim Protection To Appointees Against Cancellation But Permits CBI To Continue Probe’(Live Law, 7 May 2024) <https://www.livelaw.in/top-stories/supreme-court-west-bengal-teacher-recruitment-scam-case-calcutta-hc-257310> accessed 8th June 2024
[9] ‘ [Cash for Job Scam] Calcutta HC invalidates 24000 appointments secured through WB-SSC 2016 for State Fund Misappropriation for Illicit Employment’(SCC Online Times, 25 April 2024)<https://www.scconline.com/blog/post/2024/04/25/calcutta-high-court-invalidates-24000-appointments-west-bengal-ssc2016-recruitment-illegalities-cash-for-job-scam-legal-news/>accessed 6th June 2024
[10]‘Baisakhi Bhattacharyya v. State of West Bengal, 2024 SCC OnLine Cal 3862
[11]‘Teacher recruitment scam: SC stays CBI probe into Bengal govt officials’ role’( Hindustan Times, 29 April 2024)<https://www.hindustantimes.com/india-news/teacher-recruitment-scam-sc-stays-cbi-probe-into-bengal-govt-officials-role-101714406385786.html> accessed 8th June 2024
[12] ‘TMC was aware of school jobs scam before 2021 Assembly polls: Kunal Ghosh’(The Hindu, 2 May 2024)<https://www.thehindu.com/news/national/west-bengal/tmc-was-aware-of-school-jobs-scam-before-2021-assembly-polls-kunal-ghosh>accessed 7th June 2024
