The Supreme Court on Tuesday set aside a Calcutta high court directive issued to the CBI to probe the role of officials involved in creating supernumerary posts of 6, 861 teachers and non-teaching staff to accommodate those appointed through illegal means in the cash-for-jobs scam.

The SC decision would come as a huge relief for Mamata Banerjee and her entire cabinet battered with the dismissal of 25,753 teaching and non-teaching staff working in the state-run and state-run schools.

“Having regard to aforesaid discussion we are of the view that the Calcutta high court was not justified in referring the issue of creation of supernumerary posts to CBI pursuant to the cabinet decision,” said the Chief Justice of India Sanjeev Khanna.

The state government had challenged the decision in the apex court. The main opposition BJP following the Supreme Court’s upholding the high court verdict on the school service commission cash-for-jobs scam had demanded Mamata and the cabinet ministers of Bengal should be arrested for creating extra posts.

“We take not of Article 74 and 163 (3) which specifically states that the question whether any and if so what advise was taken by the cabinet of ministers to the aid and advise of the governor shall not be inquired into in any court, the aforesaid direction is set aside,” said CJI Khanna.

The Chief Justice of India clarified that the SC’s observations made in Tuesday’s order are limited to the high court order to investigate the creation of supernumerary posts and not in any way “reflect upon the investigation and chargesheets filed by CBI in other aspects.”

Counsel Bikash Ranjan Bhattacharya had argued that the supernumerary posts were created to protect those teaching and non-teaching staff who took unfair means to secure jobs.

The division bench of Calcutta high court Justices Debangsu Basak and Mh Shabbar Rashidi had directed the CBI to conduct “custodial interrogation of those officials involved in the decision, if necessary.”

“It is shocking that, at the level of the cabinet of the state government, the decision is taken to protect employment obtained fraudulently in a selection process conducted by SSC for state funded schools, knowing fully well that such appointments were obtained beyond the panel and after the expiry of the panel, at the bare minimum,” the HC verdict stated.

The decision to create supernumerary posts for teaching and non-teaching staff was taken in May 2022. A state government notice that announced the decision stated, “In exercise of the power conferred under section 19 of the West Bengal School Service Commission Act, 1997, the Governor has been pleased to create 6861 supernumerary posts of teachers and non-teaching staff.”