2022 (10) TMI 1196 - SC - Indian Laws

Irregularities in the recruitment process of Assistant Primary Teachers - HELD THAT - It would not be appropriate to straightaway direct CBI investigation in a recruitment related controversy unless, of course the allegations are so outrageous and the perpetrators of the alleged offences are so powerful that investigation by the State police would be ineffectual. The reasons given by the learned Single Judge in directing investigation by the CBI at such an early stage of the proceeding may fall short of the standards laid down in the case of Sampat Lal 1984 (12) TMI 328 - SUPREME COURT . But considering the submission of learned Counsel for the CBI and the fact that investigation by the said agency has substantially progressed, we do not want to stall such investigation at this stage and wait to see if the State Police can carry on the same investigation impartially. What weighed with the learned Single Judge in directing their termination in a case where they were not even the parties appears to be materials that was revealed in response to orders of the Court. Such orders reflect some kind of investigative role that was being undertaken by the Court itself in obtaining documents from the recruiting bodies. It was also not a case the respective appointments were of very recent origin. Thus, the present incumbent to the post of President, West Bengal Board of Primary Education shall continue to remain in the said post till final outcome of the writ petition before the Single Judge in which the directions of the said Petitioner's removal was passed. Dr. Manik Bhattacharya shall be entitled to file affidavits to the writ petitions as also any additional affidavit taken out in connection with the said writ petitions which may contain allegations against him. The CBI under the SIT shall continue their investigation as directed by the Single Judge and file a comprehensive report before this Court within a period of four weeks as regards progress of the investigation - The order passed directing cancellation of 269 candidates by the Single Judge on 13th June 2022 and the part of the order of the Division Bench confirming that order shall stand stayed and remain in abeyance. Application disposed off.

Summary

Issues Involved:
1. Investigation by the Central Bureau of Investigation (CBI)
2. Invalidation of appointment of 269 candidates
3. Removal of the Board President

Issue-wise Detailed Analysis:

1. Investigation by the Central Bureau of Investigation (CBI):
The Supreme Court reviewed petitions challenging the High Court's order directing a CBI investigation into alleged irregularities in the recruitment of Assistant Primary Teachers through the TET examination 2014. The Single Judge had ordered the CBI to investigate the recruitment process, involving 23 lakh candidates for 43,000 vacancies, citing potential corruption and merit-based discrepancies. The Division Bench upheld the CBI investigation, emphasizing the need for a thorough and court-monitored probe due to the gravity of the allegations. The Supreme Court, while acknowledging the advanced stage of the CBI investigation, declined to stay it, directing the CBI to file a comprehensive report on the recruitment irregularities.

2. Invalidation of Appointment of 269 Candidates:
The Single Judge invalidated the appointments of 269 candidates, citing arbitrary selection and lack of public announcement during the recruitment process. The Division Bench did not interfere with this decision, highlighting prima facie evidence of fraudulent appointments. However, the Supreme Court noted that these candidates were not parties to the original writ petitions and had served for over four years, thus staying the termination order. The Court directed that these candidates be added as respondents in the writ petition and allowed to defend their appointments. The Single Judge was instructed to make a final decision after considering their affidavits and the legality of their appointments.

3. Removal of the Board President:
The Single Judge ordered the removal of Dr. Manik Bhattacharya, the President of the West Bengal Board of Primary Education, citing his role in misleading the Court and producing questionable documents. The Division Bench upheld this removal. However, the Supreme Court found procedural fairness lacking in the removal process, as Dr. Bhattacharya was not given adequate opportunity to defend himself. The Court stayed the removal order but did not reinstate him, allowing the current President to continue until the writ petition's final outcome. Dr. Bhattacharya was permitted to file affidavits to defend his position in the ongoing writ petition.

Conclusion:
The Supreme Court directed the continuation of the CBI investigation, stayed the termination of the 269 candidates, and allowed them to defend their appointments. The removal of the Board President was stayed, with the current President continuing until the writ petition's resolution. The Court emphasized procedural fairness and the need for a thorough investigation into the recruitment irregularities.