32,000 primary teachers to get jobs back as Calcutta HC overturns own ruling in 2016 TET recruitment row

A Calcutta High Court division bench has reversed a decision that cancelled the hiring of 32,000 primary school teachers in West Bengal, stating that no evidence of irregularities was presented regarding the 2016 appointments through the Teachers' Eligibility Test (TET) panel, according to a report by PTI.

The bench, consisting of justices Tapabrata Chakraborty and Reetabrata Kumar Mitra, expressed that it is not inclined to uphold the single bench order, since irregularities have not been proven in all the recruitments.

The court observed that termination of employment after nine years would significantly affect the primary teachers and their families.

The CBI, which was directed by the high court to investigate the matter, initially identified 264 appointments with irregularities, including the granting of additional marks.

The court noted that the investigation agency has not yet identified any evidence indicating the mark was granted by external entities.

Apart from the identified candidates, the names of another 96 teachers came under the agency's scrutiny, and their jobs were subsequently reinstated following a Supreme Court order, the report said.

The court stated that the above evidence does not provide sufficient grounds to cancel the entire selection process.

Mamata Banerjee reacts to HC's order

West Bengal Chief Minister Mamata Banerjee welcomed the Calcutta High Court's decision to overturn a previous ruling that had invalidated the appointments, describing it as a "humanitarian" relief for thousands of families.

"We are happy with the court's order. It is a great relief that the jobs of these teachers are saved. We want to generate jobs and not take them away," PTI quoted Banerjee as saying.

A group of candidates filed a petition before the single bench, contesting the recruitment process due to alleged irregularities. Their lawyers requested a stay on the division bench's judgment, but the request was denied.

On 12 May 2023, a single bench of Justice Abhijit Gangopadhyay terminated the appointments of these 32,000 primary teachers after petitioners claimed the primary education board had engaged in fraud during the selection process and failed to adhere to recruitment rules for primary teachers in state-run and aided primary schools.

The single bench in its order pointed to the possibility of recruiting a section of teachers without holding their mandatory aptitude test, which, the division bench maintained, the probe agency has yet to support with substantial evidence, the report said.