2022 (4) TMI 1562 - HC - Indian Laws

Corruption - appointment in the posts of assistant teachers by the School Service Commission - no meeting of the 5 member committee held - HELD THAT - There is a deliberate false statement made by Dr. S.P. Sinha before this court which has been exposed from the annexure of the supplementary affidavit in this matter and the said Dr. Sinha was the convenor of the said five-member committee. Therefore this matter is also required to be investigated by CBI by registering a new case in this matter as it relates to appointment of Assistant Teachers in classes IX and X - CBI is directed to investigate the matter and to interrogate Dr. Santi Prasad Sinha specially and other members of the committee again in this matter in view of the startling revelation made in Annexure P-5 of the supplementary affidavit. The matter will appear tomorrow under the heading To be mentioned for a report from the CBI as indicated above and again on 27th April 2022 for further hearing of the matter.

Summary

Issues:
1. False statements made before the court regarding committee meetings.
2. Petition for fair and transparent merit list of Assistant Teachers.
3. Allegations of illegal appointments in the post of Assistant Teachers.
4. Request for investigation by CBI.
5. Stay of the operation of the order.

Analysis:

1. The judgment reveals a startling revelation of false statements made by Dr. S.P. Sinha regarding the committee meetings. The court found that Dr. Sinha signed a notice of meeting contradicting his previous claims of no meetings, leading to the conclusion that he made a false statement before the court.

2. The petitioner sought the publication of a fair and transparent merit list of Assistant Teachers in the 1st State Level Selection Test 2016, including the disclosure of marks and consideration of the petitioner's candidature. The petitioner provided specific instances of illegal appointments in the post of Assistant Teachers, emphasizing the need for transparency in the recruitment process.

3. The court acknowledged the material particulars presented by the petitioner, highlighting 27 instances of illegal appointments of Assistant Teachers for classes IX and X. Despite the Commission being served with the writ application, no submission was made regarding the mentioned instances, indicating potential irregularities in the appointments.

4. Considering the gravity of the situation, the court directed the Central Bureau of Investigation (CBI) to investigate the matter further. The investigation includes interrogating Dr. S.P. Sinha and other committee members to uncover the corruption in the appointment of Assistant Teachers in classes IX and X. The court emphasized the need for a thorough investigation and immediate action by the CBI.

5. Following the detailed analysis and directives given, the court rejected the plea for a stay of the operation of the order, indicating the urgency and seriousness of the matter. The case is scheduled for further hearings, with the CBI instructed to register a case promptly and commence the investigation without delay.

This comprehensive judgment by the Calcutta High Court addresses the issues of false statements, transparency in teacher recruitment, allegations of illegal appointments, the necessity of a CBI investigation, and the denial of a stay on the order, ensuring accountability and integrity in the education system.