The Supreme Court on Friday set aside an interim order passed by Calcutta High Court that had directed fresh recruitment of 32,000 teachers in state government-sponsored and aided primary schools.
A bench of Justices J.K. Maheshwari and K.V. Viswanathan requested the high court to expedite the hearing on a batch of writ petitions/cross petitions related to alleged illegalities in the selection process.
A division bench of the high court had already stayed one part of a single-bench order that had ordered dismissal of 32,000 teachers. The Supreme Court’s decision on Friday relates to fresh recruitment to the 32,000 teacher posts.
The Supreme Court bench said on Friday: “Considering the fact that this is a matter relating to selection and appointment of a large number of assistant teachers, we hope and trust that such controversy ought to be decided at the earliest. Therefore, we request the high court to expedite the hearing of the writ petitions at the earliest.”
The top court passed the order after hearing a battery of senior lawyers appearing for the Bengal government, the state primary education board and some aggrieved candidates who complained that a division bench of the high court had passed the impugned order for a fresh recruitment process to be completed by August-end without hearing their views.
The state and the board argued that it was difficult to comply with the directive of the high court because of the short time given by the division bench for completing the recruitment of 32,000 teachers. The process, they said, is extremely complex and involves massive expenditure and effort by the administration.
“The SLP (special leave petition) arises out of an order passed on May 19 by a division bench of Calcutta HC challenging the May 12 Order…. The division bench considered aspects of violation of natural justice in granting interim relief and observed so and so. The primary contention advanced before this court is that the petitioners were not a party before the writ court,” the apex court order said.
“It is also urged that when the division bench granted interim relief, the direction for fresh recruitment was not proper and a stay is sought…. State and Board contend that it is an expensive exercise that cannot be done in that time frame....
“Having heard the learned counsel, and without producing any opinion on merits, we are impressed by the submission that a single judge passed the order without hearing the teachers or their representatives. Division bench direction is not justified. Therefore, we set aside the division bench interim order to the extent of conducting the fresh exercise. The same is subject to the final outcome of the writ appeal…. Liberty to raise all contentions is left open,” the order said.
Justice Abhijit Gangopadhyay of Calcutta High Court had on May 12 ordered cancellation of the appointment of around 32,000 teachers of primary schools who had not completed teacher training when they were recruited through a selection process in 2016, based on a Teachers’ Eligibility Test (TET) notification issued in 2014.
The single-judge bench had also said the 32,000-odd teachers would have to appear in an aptitude test to be conducted by the state primary education board.
The high court division bench of Justices Subrata Talukdar and Supratim Bhattacharya had on May 19 stayed a part (the dismissal of teachers) of the order of the single-judge bench till September.
But it upheld the part of the order that directed the preparation of a fresh panel of candidates within three months to fill the posts that would fall vacant once the 32,000-odd teachers lost their jobs.
The state board moved an SLP in the apex court so the teachers could continue their jobs beyond September.
“We submitted before the Supreme Court that the candidates took training during a period that was granted by the Union education ministry. We also submitted that the aptitude test was conducted.... The apex court accepted this,” said Goutam Paul, state primary education board president.
