SSC 2016 Case: In a landmark judgment by the Supreme Court, teachers have secured a major victory in the West Bengal School Service Commission (SSC) 26,000 teacher recruitment case. The hearing took place on September 19th in Court No. 13 of the Supreme Court, before a bench of Justice Sanjay Kumar and Justice Alok Aradhe. This case, titled Arpan Basu vs. Arun Kumar Roy, has brought a new ray of hope for the teachers.
The Calcutta High Court had previously invalidated the entire 2016 recruitment process, resulting in the termination of nearly 26,000 teachers. The Supreme Court later upheld this decision. However, a specific directive in paragraph 47 of the main judgment created a new complication. According to that paragraph, all teachers who had left their previous jobs to participate in the 2016 process were to be reinstated in their former positions. But, as the state government or the School Service Commission did not implement this order, the teachers filed a contempt of court case.
During the hearing, the teachers’ counsel argued that although their clients were supposed to be reinstated in their old jobs as per paragraph 47, the state government was forcing them to sit for the SLST (State Level Selection Test) again, which is a direct violation of the Supreme Court’s order.
The court’s key observations are as follows:
- Right to Return to Old Job: The court clarified that teachers who were already employed in other government schools and had participated in the 2016 recruitment process only to be posted closer to home or for other reasons, do not need to sit for any new examination.
- Creation of Supernumerary Posts: If there are no vacancies in the old schools, the state government must create supernumerary or extra posts to reinstate them.
- Service Continuation: It is not enough to just give these teachers their jobs back; their service continuity and all other benefits must also be maintained.
Justice Sanjay Kumar asked, “Do the teachers want to return to their old jobs?” When the lawyers replied ‘yes’, the court ordered the state government to complete this process quickly. The court opined that the state government had committed contempt of the judiciary by not properly implementing the Supreme Court’s order.
As a result of this verdict, all teachers who were in service since 2002, 2004, or 2014 and had joined the 2016 process will get their old jobs back. They will no longer have to face any uncertainty. This is undoubtedly a huge relief for all those teachers.
The next hearing in this case is scheduled for October 27th. It is hoped that the state government will now comply with the Supreme Court’s order and take prompt action, and that the deserving teachers will get their due rights back. This verdict is not just a victory for the teachers; it is a victory for justice.