Supreme Court Ruling on Appointment Dispute of Primary School Teachers in West Bengal. A detailed analysis of the legal validity of the recruitment process and the authority's discretion in making appointments.


Summary of Judgement

The appointment of primary school teachers in West Bengal and the legal validity of the recruitment process conducted by the West Bengal Board of Primary Education. The dispute arose from the filling up of 16,500 vacancies for primary school teachers based on the qualification criterion of possessing the minimum NCTE-prescribed training qualification and having qualified the Teacher Eligibility Test (TET) 2014.

Several candidates who had not been appointed approached the Calcutta High Court seeking directions to fill the remaining vacancies by reducing cut-off marks. The High Court, through a series of orders, directed the filling of vacancies for the TET-2014 candidates based on their inter-se positions in the TET Eligibility List 2014. However, the recruitment rules specified a different procedure for selection based on various parameters and evaluation criteria.

The Supreme Court, after a detailed discussion, concluded that the directions issued by the Division Bench of the High Court were inconsistent with the recruitment rules. It held that the panel or Merit List, notified on 15.02.2021, had expired after one year as per Rule 12 of the Recruitment Rules, 2016, and no extension had been granted. Therefore, no appointments could be made from that list after its expiry. Additionally, the Court noted that a fresh recruitment process had commenced, rendering further appointments from the 2020 recruitment process impermissible.

In light of these findings, the Supreme Court set aside the High Court judgments and ruled that the concerned candidates did not have a legitimate claim for appointments to the remaining vacancies from the 2020 recruitment process. All pending applications were disposed of accordingly.

Introduction:

The appointment of primary school teachers in West Bengal and the legal validity of the recruitment process conducted by the West Bengal Board of Primary Education. The dispute arose from the filling up of 16,500 vacancies for primary school teachers based on specified qualifications and the Teacher Eligibility Test (TET) 2014.

Factual Matrix:

The West Bengal Board of Primary Education notified 16,500 vacancies for primary school teachers, with a qualification criterion including the TET-2014. Subsequent legal challenges led to directions from the Calcutta High Court regarding the filling of vacancies.

Submissions:

The parties presented arguments regarding the procedure specified in the Recruitment Rules, 2016, for selection of candidates, the validity of the Merit List, and the authority's discretion in making appointments.

Discussion:

The Supreme Court analyzed the procedure for candidate selection as per the Recruitment Rules, 2016, emphasizing the comprehensive evaluation criteria. It also considered precedents regarding the validity of select lists and the authority's discretion in making appointments.

Conclusion:

The Supreme Court concluded that the directions issued by the Division Bench of the High Court were inconsistent with the recruitment rules. It held that the Merit List had expired after one year, and no appointments could be made from it thereafter. Additionally, a fresh recruitment process had commenced, rendering further appointments impermissible from the previous cycle.

Disposition:

The Supreme Court set aside the High Court judgments and ruled against the candidates' claims for appointments from the previous recruitment process. All pending applications were disposed of accordingly.

 
 
 
 

Case Title: Ali Hossain Mandal & Ors. Vs. West Bengal Board of Primary Education & Ors.

Citation: 2024 LawText (SC) (5) 92

Case Number: [Civil Appeal No. 1873 of 2024] [Civil Appeal No. 1874 of 2024] [Civil Appeal Nos. 1875-1876 of 2024]

Date of Decision: 2024-05-09