State of West Bengal vs Baishakhi Bhattacharyya (Chatterjee) and Others

Held: The general rule is that individual candidates should be afforded notice and opportunity of hearing before their appointments are disturbed – However, exceptions arise in cases of mass fraud or systemic irregularities where giving notice to thousands of candidates would be impractical and unnecessary – Bihar School Examination Board v. Subhas Chandra Sinha, (1970) 1 SCC 648; U.P. v. Ghanshyam Das Gupta, AIR 1962 SC 1110; Anamica Mishra v. U.P. Public Service Commission, Allahabad, (1990) Supp. SCC 692), recognise that in such situations, en masse annulment is valid even without individual hearing – In the instant case, destruction of OMR sheets, illegal grant of appointments outside the panel, and manipulation of ranks were matters of record, leaving no scope for individual defence – It was therefore held that principles of natural justice did not require individual hearing when the entire process was shown to be fraudulent. [Paras 8–10, 19–20]

West Bengal School Service Commission Act, 1997; Rules, 2009 & 2016 – Irregularities in recruitment:

Held: Investigation and committee reports conclusively revealed multiple violations of statutory provisions and recruitment rules – Appointment of scanning agency through a closed-door process contrary to Article 14 – Unauthorised sub-delegation of scanning work to a third party without approval – Destruction of original OMR sheets despite express prohibition under the 2009 Rules – Failure to publish merit lists with marks – Rank manipulation by altering order of candidates in the panel – Counselling and recommendations beyond validity of panel – Appointments to persons outside panel, after expiry of panel, and even to candidates who had submitted blank OMR sheets – Creation of supernumerary posts to regularise illegal appointees – The cumulative effect of these irregularities established fraud and malaise at the systemic level – The High Court’s conclusion that the entire recruitment stood vitiated was upheld. [Paras 20–22]

Recruitment – Consequences of systemic fraud – Reliefs and directions:

Held: Having regard to the scale and depth of irregularities, this Court affirmed the finding that the recruitment process of 2016 for Assistant Teachers (Classes IX–X and XI–XII) and non-teaching staff (Groups C and D) was irretrievably tainted – Entire selection set aside – Appointees outside the panel or otherwise illegally appointed directed to refund all remuneration with interest at 12% per annum – District Magistrates authorised to recover dues as arrears of land revenue – CBI directed to conduct further investigation, including custodial interrogation if necessary, into officials and private parties involved – West Bengal School Service Commission directed to undertake a fresh recruitment exercise strictly in accordance with the governing Rules and by transparent process including open tender for evaluation and scanning of OMR sheets. [Paras 6, 19–22]

Recruitment – Segregation of tainted / feasibility – Scope of proof and admissibility:

Held: WBSSC itself, in its affidavit and written submissions, has admitted rank-jumping, out-of-panel appointments, recommendations without panel inclusion, and OMR score manipulation – Statistical tables placed by WBSSC before the High Court and this Court demonstrated thousands of such irregular appointments across categories – Discrepancy accepted between ‘actual/genuine OMR marks’ found in three seized hard disks and ‘marks recorded in WBSSC computer/server’ – Destruction / nonretention of mirror OMR images and inconsistency in answers given by WBSSC under RTI demonstrate deliberate attempt to coverup and make ascertainment impossible – Therefore contention that untainted candidates can now be segregated rejected. [Paras 23–33, 36–42]

Delay / Laches – Fraud concealed – When time-bar principles do not apply:

Held: Plea that writ petitions were belated and ought to be rejected on delay/ laches/ acquiescence rejected – Distinction reiterated between acquiescence, delay and laches – The foundational principle in all of them is prejudice and equity – But these defences presuppose knowledge of the wrong and conscious inaction thereafter – Concealed systemic fraud and illegalities came to light only in 2021–2022 during the CBI probe – Therefore petitioners could not have challenged earlier – Applying laches where fraud was covered-up would itself defeat equity – Delay is always factspecific – Where fraud has been suppressed and masked by deliberate cover-up, limitation / laches cannot operate to protect illegal appointments or bar judicial review – Reliance placed on Chennai Metropolitan Water Supply and Sewerage Board v. T.T. Murali Babu, (2014) 4 SCC 108. [Para 43]

Service Law – Consequence of annulment – Candidates who were previously employed in Govt / autonomous bodies – Right to revert / continuity:

Held: Candidates not specifically found to be tainted, who had previously been in service with State Government departments or autonomous bodies, shall be permitted to apply to resume service in their earlier post / department – The applications shall be processed within three months – The period between termination under the disputed selection and rejoining will not be treated as break in service – Seniority and entitlements including increments to be protected – However, no wages shall be paid for the period worked under the invalid / cancelled appointment – Supernumerary posts may be created if required – All nonspecifically tainted candidates also allowed to participate with relaxation. [Paras 46-47]

Reliefs – Disabled candidates – Limited exception – No wages for disputed period – Fresh recruitment:

Held: Finding of the High Court permitting one individual disabled appointee to continue on humanitarian grounds not interfered with – Other differently abled candidates will be permitted to continue and will receive wages until the fresh selection process and appointments are completed – Participation in fresh selection allowed with age relaxation – Criminal proceedings unaffected. [Paras 47-48]