The Telegraph
Tuesday , February 18 , 2014
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Court lifts stay on teacher appointment

The high court on Monday conditionally vacated a stay on recruitment of teachers by the school service commission for secondary and Higher Secondary schools.

“The commission can recruit teachers but it will have to inform the candidates that the case is pending. The commission will have to abide by the final judgment,” Justice Debasish Kargupta ruled.

The judge asked petitioners’ counsel Subrata Mukhopadhyay, on whose plea the court had imposed the stay, to file an affidavit stating the grievances of his clients within three weeks. The commission will have a week to file its reply to the grievances.

The court had on January 27 issued an interim order restraining the commission from sending names of prospective teachers to the 15,000-odd state-aided schools across Bengal till February 14. The stay was later extended till February 18.

The stay led to suspension of recruitment of 9,000 candidates whose names figure on the commission’s merit list and who are awaiting appointment letters.

The January 27 order followed petitions by Ruma Das and 29 others, whose names do not figure on the merit list. The candidates, all with a BEd degree, alleged irregularities in drawing up the list.

The petitioners had said that in its April 2012 order, the high court had directed the commission to prepare two merit lists — one comprising the names of candidates with a BEd degree and the other with the names of those without the degree.

The court had also ordered the panel to give priority to candidates with BEd degrees. The petitioners alleged that the commission had not followed the order in preparing the merit lists.

On Monday, after going through the documents submitted by advocate-general Bimal Chatterjee on behalf of the commission, Justice Kargupta said: “I am primarily satisfied with the documents. It appears the school service commission has carried out the order passed on April 4, 2012. But I will impose a condition as the case is pending.”

When the matter came up for hearing on Monday, the advocate-general tabled some documents in the court and submitted that the commission had abided by all guidelines issued by the court.

There were around 46,000 vacancies when the commission last conducted its recruitment test on July 29, 2012. The merit list had 36,000 names.

Around 27,000 candidates had already been appointed when the interim stay was issued. Justice Dipankar Dutta, who had issued the stay, had ruled that the service of the 27,000-odd candidates would not be affected.

What does the court order imply?

School service commission can resume issuing appointment letters to 9,000 candidates whose names figure on the merit list

Panel can hold the next round of counselling, the final step before issuing appointment letters


Test held on: July 29, 2012

Vacancy: 46,000 (approx)

Names on merit list: 36,000

Candidates recruited: 27,000 (approx)