Tenure in service does not justify illegal appointment, says Calcutta HC

Kolkata : The Calcutta High Court, hearing a case on illegal recruitments by the West Bengal School Service Commission (WBSSC), on Monday observed that tenure in service cannot make an "illegal" appointment legal.

A special division bench of Justice Debangsu Basak and Justice Shabbar Rashid, constituted to specially hear the matters related to the multi-crore cash-for-school-job cases in West Bengal following an instruction from the Supreme Court, observed that it really does not matter how long an individual is working with that institution.

"The main question is whether his or her appointment was legal or not," Justice Basak noted. On this matter, the division bench also questioned the justification of an appeal for creation of supernumerary posts to accommodate those who had been working in the state-run school for a sustained period.

This application was made challenging a decision of the single- judge bench of Justice Abhijit Gangopadhya on termination of services of illegally appointed teachers.

The division bench also raised some questions on the opposition to fresh publication of merit lists in an earlier panel for appointment in the school-job cases by a section of the service holders.

"When a competitive examination is organised, it is known to all that the merit list of those qualifying in the examination will be published. There is no question of loss of prestige because of the publication of the merit list," Justice Basak said. The bench also observed that the WBSSC should have identified those recruited illegally much before.