28. 09 .

2022
W

BP/SA WPA 12266 of 2021

Sl.285 to 291
Court No. 17. CAN 1 of 2021, CAN 2 of 2021, CAN 3 of 2021
CAN 4 of 2021, CAN 5 of 2021 and CAN 6 of 2022,

Sandeep Prasad & Ors.

Vs.
The State of West Bengal & Ors.

And

WPA 12270 of 2021

CAN 1 of 2022, CAN 2 of 2022 and CAN 3 of 2022

Sabina Yeasmin & Ors.

Vs.
The State of West Bengal & Ors.

And
WPA 13700 of 2021

Setab Uddin & Ors.

Vs.
The State of West Bengal & Ors.

And

WPA 13701 of 2021

Md Abdul Gani Ansari

Vs.
The State of West Bengal & Ors.

And

WPA 17273 of 2021

Nasrin Khatun
Vs.
The State of West Bengal & Ors.

And

WPA 18585 of 2021

Luxmi Tunga & Ors.

Vs.
The State of West Bengal & Ors.
 2

And

WPA 5538 of 2022

CAN 2 of 2022

Anindita Bera
Vs.
The State of West Bengal & Ors.

Mr. Bikash Ranjan Bhattacharya, Sr. Advocate

Mr. Sudipta Dasgupta
Mr. Arka Nandi
Mr. Arkadeb Biswas
Ms. Dipa Acharya
Mr. S. Nayek

… for the petitioners in WPA 12266

of 2021, WPA 12270 of 2021 and WPA 5538 of 2022

Mr. Bikash Ranjan Bhattacharya, Sr. Advocate

Mr. Firdous Samim
Ms. Gopa Biswas
Ms. Mousumi Hazra
..for the petitioners in WPA 13700 of
2021, WPA 13701 of 2021, WPA 17273 of 2021 and WPA
18585 of 2021

Dr. Sutanu Kumar Patra

Ms. Supriya Dubey
..for SSC.

Ms. Koyeli Bhattacharya

..for the Board.

Mr. Billwadal Bhattacharyya, Ld. Deputy Solicitor

General of India
Mr. Arijit Majumdar
..for CBI

Mr. Anirban Ray, Ld. G.P.

Mr. Raja Saha
Mr. Shamim ul Bari
..for the State in WPA 13700 of
2021, WPA 13701 of 2021 and WPA 18585 of 2021
 3

Today the CBI has filed four status reports in

respect of following four matters :-

(1) WPA 5538 of 2022 (Anindita Bera Vs. State of

West Bengal & Ors.)

(2) WPA 12270 of 2021 (Sabina Yeasmin & Ors. Vs.

State of West Bengal & Ors.)

(3) WPA 18585 of 2021 (Luxmi Tunga & Ors. Vs.

State of West Bengal & Ors.)

(4) WPA 5406 of 2022 (Babita Sarkar Vs. State of

West Bengal & Ors.)

I have opened two of these sealed envelopes – one

is of Babita Sarkar and the other is of Anindita Bera and

other two have not been opened as of now.

The CBI has also filed reports in all four cases

regarding School Service Commission Recruitment Scam.

From the two reports in respect of WPA 5406 of 2022 and

WPA 5538 of 2022, I have found to my utter surprise a

large number of blank OMR sheets and some OMR sheets

with six or seven filled up circles. I am told by the learned

advocate for the CBI that all these persons who filed the

blank OMR sheets in all probability have been

recommended by the School Service Commission and have

got appointments but the Commission should disclose the

real situation. The same is true also in respect of Anindita

 4

Bera’s matter. Here also I find a large number of blank

OMR sheets and some OMR sheets only six or seven

circles are filled up (i.e. answered) and in some OMR

sheets only one or two circles in the answering portion

have been filled up (i.e. answered) and those persons

allegedly have been given appointments. Final call is for

the School Service Commission. I do not know what will

happen if I open other two sealed envelope.

I cannot restrain myself from opening the other two

sealed reports filed by the CBI today. In respect of Sabina

Yeasmin (WPA 12270 of 2021) also after opening the

sealed cover I find a large number of blank OMR sheets

and the School Service Commission only can ascertain

whether these persons who submitted blank OMR sheets

got the appointments or not. After opening the sealed

envelope in respect of Luxmi Tunga (WPA 18585 of 2021) I

also find that very few circles have been filled up in some

OMR sheets and in some OMR sheets no circle has been

filled up. Have they got appointment? Commission to

reply.

I direct CBI to give the names and roll numbers of

the persons who have submitted such type of OMR sheets

for SLSTs and RLSTs to check by the Commission

whether these persons have got recommendations and

appointments or not. I also direct the West Bengal Board

 5

of Secondary Education to see whether appointment

letters were given to those persons who have submitted

such type of OMR sheets as has been indicated above. For

this purpose the Board will sit in a meeting in the third

week of October, 2022 with the School Service

Commission in the Commission office at Acharya Sadab,

Salt Lake to check whether they have issued appointment

letters to these persons.

CBI has intimated that they chased the involved

persons upto Delhi and they have been able to collect

three hard discs and the mother disk (original data) for

marks in OMRs tabulated sheets etc of all candidates of

IX-X, XI-XII, Group-C and Group-D in respect of the

recommendations and appointments by the School Service

Commission and by the West Bengal Board of Secondary

Education respectively.

CBI has also made a thorough comparison of the

particulars contained in the mother disk and the

particulars in the server of the School Service Commission

found from its server room and today one status report

has been handed over by Mr. Billwadal Bhattacharya,

learned advocate for the CBI which is quoted below:-

1.RC-05/22:- Group C,
Total appointment given-2037
Manipulations found in hard disk and server data-3481
candidates out of which empanelled candidate-744
Wait Listed-1022
Neither impaneled nor in wait list-1715
Candidates given appointments after expiry of panel as
 6

per BAG Committee Report-381

2.RC-02/22:- Group D,
Total appointment given-3880+607=4487
Manipulations found in hard disc and server data-2823
candidates out of which impaneled candidate-1698
Wait Listed-984
Neither impaneled nor in wait list-141
Candidates given appointments after expiry of panel –
607 out of which investigation was conducted about 16
candidates= 10 failed + 6 waiting list.

3.RC-04/22:- Class XIth and XIIth Assistant

Teacher,
Total appointment given-5500
Manipulations found in hard disk and server data-907
candidates out of which empanelled candidates-691
Wait Listed candidates-138
Neither empanelled nor in wait list-78
Candidates given appointments after expiry of panel-39

4.RC-03/22:- Class IXth and Xth Assistant Teacher,

Total appointment given-11425
Manipulations found in hard disk and server data-952
candidates out of which empanelled candidates-796
Wait Listed Candidates-104
Neither impaneled nor in wait list-52
Candidates given appointments after expiry of panel -183

Now it is the job of the School Service Commission

to take all such particulars from CBI to intimate this court

on the next date of hearing about the appointments,

manipulations etc. How many of such persons have got

appointments whose marks have been illegally increased

as found only by CBI from the comparison of the mother

disk and the server (i.e. the data room of the School

Service Commission which was sealed and placed under

the vigil of Central Reserve Police Force by order of this

court).
 7

The other report which has also been submitted

today to the court by CBI is a gist of the other four reports.

All such reports are again to be sealed and to be kept in

the custody of the Registrar General of this court.

I direct the learned advocate for the petitioners to

contact the School Service Commission to find out how

many persons have been illegally appointed which exercise

has been done in one meeting and for this purpose other

meetings may have to be held for bringing it to the notice

of this court about the names and other particulars of the

persons who have got illegal appointments.

Here this court makes an appeal to the persons

who have got the illegal appointments. Those persons

know it very well that they have got service as a result of

illegality and corruption, may be they have purchased the

job by paying some money to some touts or to some other

persons or may be they got it against some other

considerations. This court will expect that these persons

will resign by 9th November, 2022 and if they so resign

their matter will come to an end and those posts where

they are working now would be declared as vacant after

such resignation so that the genuine persons from waitlist

can be given appointments the said recruitment process.

But if they do not resign and the illegal appointment is

detected after 9th November, 2022 this court will not

 8

hesitate to pass very strict orders against them. This is an

opportunity which is being given to those candidates who

have got appointments illegally and those who will think

rightly and resign will be treated as persons who are

regretful for their acts but the persons who would not

resign will be treated by this court very strictly.

Today I have found from the reports filed by CBI

that CBI has made huge progress in the matter silently

and they have worked very efficiently uptill now in these

matters. I expect from them to act in a way to expose the

whole corruption including finding out the mastermind

behind this whole corruption. Nobody should be spared

whatever be his position in society and I expect CBI to do

their job as is expected not only by this court but also the

citizens of this country.

List the matters on 16th November, 2022 at 2 p.m.

If some persons, who have got employment illegally

and as a result of corruption, resign, they should intimate

the School Service Commission by sending a letter by

registered post with A/D with a copy of their resignation

letter along with original signature and seal of the

Headmaster/Headmistress of the school in the said copy

by 11th November, 2022.

I direct the School Service Commission to upload

this order immediately in their website and a very short

 9

advertisement in a prominent place in newspapers stating

that an order in respect of illegal appointments have been

passed today by this court which is available in the

website of the Commission which is to be seen by the

persons interested. Such advertisement is to be published

in one Bengali, one English and one Hindi highly

circulated daily newspapers in West Bengal and in one

English and in one Hindi highly circulated daily

newspapers.

Four reports filed by Dr. Patra, learned advocate for

the School Service Commission pursuant to the order

passed by this court in respect of IX-X are kept on record.

Though I have stated that after the vacancy created

in those places, either by resignation of the illegally

appointed candidates or by their removal by this court the

waitlisted candidates would be given appointments, it is

made clear that these waitlisted candidates will not

include the candidates in whose OMR sheets CBI has

found that manipulations have been made so that they

can qualify for inclusion in the waitlist.

(Abhijit Gangopadhyay, J. )
 10

Rul