Case Note & Summary
The Supreme Court heard appeals against a Division Bench judgment of the Calcutta High Court concerning the recruitment of primary school teachers in West Bengal. The Board had issued a Notification on 23.12.2020 for 16,500 vacancies, requiring candidates to possess NCTE-prescribed training qualification and have qualified TET-2014. A Merit List for 15,284 candidates was notified on 15.02.2021, followed by two more lists covering all vacancies. The panel was sent to District Primary School Councils for appointments. Some candidates approached the Calcutta High Court seeking directions to fill remaining vacancies by reducing cut-off marks. The Single Judge on 26.09.2022 directed that 252 writ petitioners be appointed against 3929 unfilled vacancies. The Board appealed, and the Division Bench on 11.11.2022 dismissed the appeal, directing that the 3929 vacancies be treated exclusively for TET-2014 candidates and that appointments be made based on inter-se positions in the TET Eligibility List 2014, finding the Merit List fraught with irregularities. The Board and others appealed to the Supreme Court. The Supreme Court noted that the Recruitment Rules, 2016 govern the process. Rule 8 specifies the selection procedure, and Rule 12 provides that the panel remains valid for one year from approval. The panel was notified on 15.02.2021 and expired on 15.02.2022. Candidates filed writ petitions in May 2022, after expiry. The Court held that no right to appointment could be claimed after panel expiry. The Division Bench's direction to use the TET Eligibility List contravened the Recruitment Rules. The 3929 vacancies had been carried forward to a fresh recruitment cycle, and appointments had already been made. Dislodging those candidates would be unfair. The Supreme Court allowed the appeals, set aside the Division Bench judgment, and restored the Single Judge's order but limited to the 252 writ petitioners.
Headnote
A) Service Law - Recruitment - Panel Validity - West Bengal Primary School Teachers Recruitment Rules, 2016, Rule 12 - The panel/Merit List remains valid for one year from the date of approval by the Board. In this case, the panel was notified on 15.02.2021 and expired on 15.02.2022. Candidates filed writ petitions in May 2022, after the panel had expired. Therefore, no individual could claim any right of appointment after the panel expired. (Paras 10, 16-17) B) Service Law - Recruitment - Merit List Irregularities - West Bengal Primary School Teachers Recruitment Rules, 2016, Rule 8 - The Division Bench found that the Merit List contained only ranks without comparative marks, and marks were not disclosed to unsuccessful candidates. However, the Supreme Court noted that the Board had followed the procedure under Rule 8, and the High Court's direction to ignore the Merit List and use the TET Eligibility List was in contravention of the Recruitment Rules. (Paras 9, 16-17) C) Service Law - Recruitment - Right to Appointment - West Bengal Primary School Teachers Recruitment Rules, 2016 - The 3929 vacancies were carried forward to a fresh recruitment cycle. Appointments had already been made from the fresh cycle. Dislodging those candidates would be unfair. The High Court's order was set aside. (Paras 11, 17)
Issue of Consideration
Whether the Division Bench of the Calcutta High Court was justified in directing appointments based on inter-se positions in the TET Eligibility List 2014 instead of the Merit List, and whether the panel had expired.
Final Decision
The Supreme Court allowed the appeals, set aside the Division Bench judgment dated 11.11.2022, and restored the Single Judge's order dated 26.09.2022, but limited to the 252 writ petitioners.
Law Points
- Panel validity
- Merit List irregularities
- Recruitment Rules compliance
- Expiry of panel
- Right to appointment after panel expiry
