A division bench of the high court on Wednesday asked the school service commission (SSC) counsel why he was arguing in favour of candidates identified as tainted by the Supreme Court.
The commission’s counsel was arguing that the tainted candidates be allowed to participate in the upcoming selection tests.
Justice Soumen Sen, senior judge of the division bench, asked the SSC counsel whether the commission was in a position to argue on behalf of tainted candidates.
“How can you approach the court to allow the tainted candidates? Supreme Court, in its verdict, clearly stated that tainted candidates would not be allowed in the fresh selection test, “ Justice Sen said while hearing an appeal moved by the SSC against the order of Justice Saugata Bhattacharyya.
Justice Bhattacharyya on Monday issued an order restraining the SSC from allowing candidates identified by the Supreme Court as “tainted” to appear for the upcoming selection test to appoint teachers.
Appearing for the SSC, senior advocate Kalyan Bandyopadhyay argued: “The Supreme Court had revoked their appointments on April 3. However, it was not explicitly said in the April 3 order that those who have been terminated would not be allowed to participate in the selection process.”
“Moreover, the rules of the SSC do not have any provision to cancel the application of the candidates with valid documents,” he told the court.
Justice Sen then asked: “Can the SSC argue on behalf of tainted candidates?”
The apex court said in its April 3 sack order while terminating the jobs of 25,753 teaching and non-teaching candidates: “The disabled (physically) candidates mentioned in the previous paragraph will be allowed to participate in the fresh selection process....Similarly, other candidates who are not specifically tainted will also be eligible to participate, with appropriate age relaxation.”
Lawyer Sudipto Dasgupta, appearing for the petitioners, said: “The commission was allowing the tainted candidates who were appointed through OMR manipulation, after the expiry of the panel and through other forms of irregularities, to apply and write the tests despite what was said in the April 3 order.”
The court on Monday directed the commission to cancel the applications from such candidates it might have received by July 7.
The next hearing is scheduled for Thursday.