'No CBI probe into creation of supernumerary posts by Mamata cabinet': Supreme Court on teachers' appointments in West Bengal

The Supreme Court of India has annulled a Calcutta High Court order that called for a Central Bureau of Investigation (CBI) probe into the creation of supernumerary posts in West Bengal's state-run and aided schools.

A bench comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar determined that the High Court's directive was unjustified for such cabinet-level decisions. Despite this ruling, investigations into the appointment of 25,753 teachers and staffers, previously deemed "vitiated and tainted," will continue.

On Tuesday, the bench said, “Having regard to aforesaid discussion, we are of the view that the high court was not justified in referring the issue of creation of supernumerary post posts to the CBI pursuant to the cabinet decision.”

Supernumerary posts, which are temporary positions created to manage employees entitled to regular posts that are unavailable, were at the centre of the controversy. The Supreme Court's recent decision follows an earlier ruling on 3rd April that invalidated the appointments, highlighting discrepancies in the selection process.

The bench clarified that its observations were limited to the supernumerary post investigation, without impacting other ongoing CBI investigations.

“We clarify that our observations in this order are limited to the extent of direction to investigate the creation of supernumerary posts and not in any way reflect upon the investigation and chargesheets filed by CBI in other aspects,” the CJI said.

The bench referred to constitutional schemes, noting that cabinet decisions are not subject to judicial scrutiny. "Having regard to aforesaid discussion, we are of the view that the high court was not justified in referring the issue of creation of supernumerary post posts to the CBI pursuant to the cabinet decision," the bench stated.

The focus remains solely on the validity of the cabinet's decision rather than the operational aspects of the appointments.

In West Bengal, Chief Minister Mamata Banerjee has pledged to protect the rights of "eligible candidates" affected by the Supreme Court's verdict. Her assurances received mixed reactions among the dismissed teachers.

While some expressed gratitude for her commitment to "continue fighting for them as long as she is alive and even if it meant going to jail," others criticised the lack of concrete reassurances regarding job reinstatement.