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SC refuses to entertain WB's plea against HC order on maintainability of PIL alleging irregularities

An apex court bench of Justices S K Kaul and A S Oka said it will not like to entertain the West Bengal government's plea against the July 12 last year order of the high court.

Ajeet Kumar Edited By: Ajeet Kumar @Ajeet1994 Published on: January 09, 2023 16:44 IST
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West Bengal teacher recruitment scam: In a major development, the Supreme Court refused to entertain a plea by the West Bengal government challenging the Calcutta High Court order rejecting the state's preliminary objection questioning the maintainability of a petition alleging irregularities in the recruitment of assistant teachers based on the Teacher Eligibility Test (TET), 2014.

On Monday, the petition in the high court alleged that in TET 2014, at least 42,897 candidates were stated to have been selected but no merit list was ever published disclosing the marks obtained either in the written test or interview and no reserved category-wise list was published. An apex court bench of Justices S K Kaul and A S Oka said it will not like to entertain the West Bengal government's plea against the July 12 last year order of the high court.

What does the bench noted?

The bench, which observed that it is open for the state to put forward its defence before the high court, said all questions of law are left open.

Before the high court, the state had raised a preliminary objection questioning the maintainability of the petition on the ground that the matter relates to the recruitment process of 2016-17 and there was a delay in filing the public interest litigation (PIL).

State argument 

The counsel appearing for the state argued in the top court that the PIL in a service matter was not maintainable and it has been filed after eight years of the TET. He argued that another PIL on the issue was earlier dismissed by the high court.

"We would not like to entertain this SLP (Special Leave Petition)... It is open for the state to defend it there (HC). Needless to say that all questions of law are left open," the bench said.

West Bengal teacher appointment scam

The PIL filed in the high court had alleged irregularities and corruption in the recruitment of assistant teachers in primary schools of the state based on TET 2014. Opposing the state's preliminary objection raised before the high court, the counsel for the petitioner had claimed the appointments based on TET 2014 were still going on and so there was no delay.

The high court had noted in its order that it was alleged before it that 42,897 candidates were appointed as assistant teachers without publishing any transparent merit list.

"That apart, it is also worth noting that the matter relates to the appointment of primary teachers and if persons without minimum prescribed eligibility conditions and lacking merit are appointed, then the interest of the primary school students, who are the future of the nation, will suffer," it had noted.

"Thus, in the aforesaid circumstances, the preliminary objection raised by the state is rejected and the writ petition filed in the public interest is held to be maintainable," the high court had said.

(With inputs from PTI)

Also Read: West Bengal SSC scam: ED files chargesheet before PMLA court against Partha Chatterjee, his 'aide'

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