Justice Abhijit Gangopadhyay of Calcutta High Court on Friday issued yet another CBI probe order relating to appointment of teachers in secondary schools.
The court held that the decision of the education department to create supernumerary posts for recruiting deprived teachers in secondary schools was illegal and directed the CBI to find out the person or persons who provided the School Service Commission the idea of creating the additional posts.
“The decision to create supernumerary posts posts and taking of the decision not to terminate the services of the teachers who got illegal appointments is contrary to the provisions of law,” the judge said.
“The decision to create supernumerary posts is hereby declared illegal.”
The judge also declared the application forms for appointing teachers in those supernumerary posts as “illegal”.
“How does the state take the decision not to cancel the appointments of the illegally appointed teachers even after the court declared their appointments illegal and directed the state to identify them?” the judge asked.
The judge held that the decision was taken in violation of court directives.
Justice Gangopadhyay asked Manish Jain, the state education secretary, to appear in court on November 24 along with the files containing the documents relating to the decision of creating supernumerary posts for teachers.
Senior advocate Bikash Ranjan Bhattacharyya had argued that the state had no jurisdiction to create such supernumerary posts.
During the hearing, the judge summoned the SSC chairman to his court.
In the second half, when chairman Siddhartha Majumdar came to the court the judge asked him who had given him the idea of creating the supernumerary posts.
Majumdar said that as the council chairman he took the decision and he would have to take responsibility if there was any mistake in the decision.
The judge declined to accept the submission and said: “I know him well. He cannot take such a decision.”
The judge then issued the order asking the CBI to initiate a fresh probe to find out the actual person or persons who came up with the idea.
Soon after the court order the commission moved a petition seeking revision of the order. But the court rejected the plea and said: “The commission is a puppet. Some corrupt persons are controlling it. Keeping the SSC, they are playing World Cup. These persons should be identified.”
The judge then asked the CBI to place its order on the issue within a week.
Lawyers from the state’s side said they were planning to move a division bench against this CBI probe order.