HC dismisses 4 appeals, clears decks for fresh SSC recruitment
2
Kolkata: Calcutta High Court on Wednesday dismissed four appeals against certain sections of the 2025 rules for the fresh selection process to be conducted by School Service Commission (SSC).
Clearing the decks for recruitment, HC said the appelants, by mere participation, did not acquire any vested right.
The HC observed that, with time, vacancies were bound to increase and that courts were confronted every day with a large number of cases where posts could not be filled due to pending litigations.
"Although WBCSSC and WBBSE are responsible for the present impasse that has adversely impacted and affected the education system, it is high time that all the vacancies are filled up if required by clubbing the vacancies, as the separate recruitment process for vacancies declared in 2016 and beyond would cause serious inconvenience and delay in filling up existing vacancies.
It would also affect the state exchequer," the court held.
You Can Also Check:
Kolkata AQI
|
Weather in Kolkata
|
Bank Holidays in Kolkata
|
Public Holidays in Kolkata
The division bench of justices Soumen Sen and Smita Das De held that the policy decision of govt could only be under judicial scrutiny in "exceptional circumstances where it appears that the policy or some clauses in the policy are manifestly arbitrary, discriminatory, mala fide, unreasonable or unfair, or if it is found to be against any statute or Constitution."
It was noted that the recruitment rules 2025 per se were not under challenge. "The appellants, by reason of mere participation, do not acquire any vested right. It is a mere exception that in the event all the posts are not filled up or any vacancy arises due to the failure of a successful candidate to join the post within a stipulated time, if they are 'waiting list' candidates, they would be considered for filling up such vacant posts in terms of the merit list," the HC said.
"The enhancement of the mark or declaration of further vacancies, in our respectful view, is not arbitrary," the bench stated, while adding that the eligibility criteria in the selection process of 2016 were different from the 2025 recruitment process. "The rules are more stringent and student-centric. The revision in the eligibility criterion is in accordance and consonance with the NCTE guidelines," the HC held.
"In order to select the most suitable candidates, proportionate weightage based on the length of experience to the extent of 10 marks be given to such candidates is not arbitrary. The object is to select and appoint experienced teachers," the HC added.
Certain provisions of the rules of 2025, relating to the fixation of minimum marks in graduation/post-graduation level to adjudge eligible candidates to participate in the selection process and the changed pattern of allotment of marks, were challenged by the petitioners. They also submitted that SSC was not authorised or permitted to fill vacancies declared for the 1st SLST 2016 along. It was submitted that the declared vacancies of 1st SLST 2016 were required to be filled up based on the eligibility criterion mentioned in the rules of 2016.
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
The Hindu
16 minutes ago
- The Hindu
Justice Yashwant Varma moves Supreme Court against panel report
Sitting High Court judge, Justice Yashwant Varma, is reported to have approached the Supreme Court against the report of an in-house inquiry committee constituted by then Chief Justice of India Sanjiv Khanna concluding that unaccounted cash was found in a gutted storeroom at his official residential premises after a blaze on March 14-15. Justice Varma has challenged a subsequent communication by Chief Justice Khanna (now retired) to the President and Prime Minister recommending his removal from the office of judge as unconstitutional. The May 3 report of the three-judge committee had been confidentially forwarded to the President and the Prime Minister by Chief Justice Khanna days before his retirement on May 13 after Justice Varma had refused to voluntarily resign from office. Justice Varma's case has not been numbered or listed for hearing in the Supreme Court, and is the first by a sitting High Court judge. It comes days before the Monsoon session of the Parliament, which may see the introduction of the removal motion. Justice Varma has contended that the formation of the committee was not based on any statute or the Constitution, thus had no legal basis to recommend his removal from a constitutional office. He contended that the reports were filled with inferences. The Judge said he was subject to intense media speculation and media trial. He was not given a fair hearing and an opportunity to respond to the allegations levelled by witnesses, amounting to a violation of the principles of natural justice. The Judge said key questions like the source of cash and what caused the fire were not addressed in the committee report. The judge argued that the letter for his removal was forwarded by the then CJI within hours of receiving the inquiry committee report and without having a personal interaction with him. The report of the committee, comprising Justices Sheel Nagu, G.S. Sandhawalia and Anu Sivaraman, concluded that Justice Varma and his family members were in 'covert or active control' of access into the storeroom where the stacks of half-burnt cash was found. It had noted that the currency notes 'seen and found during the process of dousing of fire' were 'highly suspicious items' and not of a small value. They could not have been placed in the storeroom without the tacit or active consent of Justice Varma or his family, the report had submitted. The inquiry committee had refused to accept the version of the judge that he was a target of a conspiracy. It said it would be 'well-nigh impossible' to 'plant' currency in a high security residential premises of a sitting judge, the panel had reasoned. The inquiry panel had said 'strong inferential evidence' established that the burnt currency was removed by Justice Varma's trusted staff from the storeroom during the early hours of March 15. The decision to form the three-judge fact-finding committee was based on a preliminary enquiry report submitted by the Delhi High Court Chief Justice DK Upadhyaya on March 21 recommending a 'deeper probe' into the allegations.
&w=3840&q=100)
Business Standard
16 minutes ago
- Business Standard
Justice Yashwant Varma moves SC against in-house panel probe in cash row
Justice Yashwant Varma moves SC against in-house panel report that indicted him after unaccounted cash was found at his Delhi home following a fire; calls probe unconstitutional New Delhi Justice Yashwant Varma of the Allahabad High Court has approached the Supreme Court challenging the in-house committee report that indicted him following the discovery of unaccounted cash at his official residence in Delhi, Bar and Bench reported. His petition comes even as reports suggest the Centre may soon introduce an impeachment motion in Parliament seeking his removal. In his plea, Justice Varma has asked the top court to declare the recommendation made by the then Chief Justice of India (CJI) Sanjiv Khanna for his removal as unconstitutional and beyond legal authority. He has questioned the in-house inquiry process, calling it an 'extra-constitutional mechanism' that undermines the law. According to him, only Parliament has the power to remove a High Court judge, as per the Constitution. 'No safeguards like Judges Inquiry Act': Justice Yashwant Varma He argued that the process followed in his case did not meet the standards of natural justice and fair hearing, Bar and Bench reported. Cash found after fire at Justice Verma's residence The controversy began after a fire broke out at Justice Varma's official residence in Delhi on March 14. Firefighters, while dousing the flames, allegedly found bundles of unaccounted cash at the scene. At the time of the incident, Justice Varma and his wife were in Madhya Pradesh. Only his daughter and elderly mother were at home when the fire occurred. A video later surfaced showing what appeared to be stacks of currency notes burning in the fire. Justice Varma has denied any wrongdoing and claimed the incident appears to be part of a conspiracy to frame him. Following the allegations, Chief Justice Khanna ordered an in-house inquiry on March 22 and set up a three-judge committee. Judicial work withdrawn, report submitted in May After the controversy, Justice Varma was transferred back to the Allahabad High Court, where he re-administered the oath of office. However, he has not been assigned any judicial work as per the CJI's directions. The committee that investigated the matter began its probe on March 25 and the final report was submitted to then CJI Khanna on May 4. The panel found Justice Varma culpable, after which the CJI sent the report to the President, recommending his impeachment. 'No complaint filed, no chance to respond': Justice Varma In his petition, Justice Varma said the in-house procedure was invoked without any formal complaint being made against him. He has criticised the public disclosure of the allegations through a press release by the Supreme Court, calling it 'unprecedented' and a trigger for media trial. He also claimed that the inquiry committee did not inform him of the procedure it was following or allow him to respond to the evidence. This, he said, violated principles of natural justice. On the issue of the cash found at his residence, Justice Varma said the panel report does not establish who the money belonged to or how much was recovered. He further alleged that former CJI Khanna had pressured him to resign or opt for voluntary retirement within a very short deadline, warning that otherwise, proceedings for removal would be started, the news report said.
New Indian Express
an hour ago
- New Indian Express
Commuters complain of ‘preference' to Kerala govt officials on Ro-Ro vessels
KOCHI: The Vypeen-Fort Kochi Ferry Passengers Association has shot off a letter to the Kochi corporation, alleging that a 'preferential' treatment is being meted out to government officials to get on Ro-Ro (Roll-On Roll Off) vessels in the Fort Kochi-Vypeen section during the morning and evening peak hours. Commuters have also highlighted the need for more vessels to better handle passenger influx, contradicting the 'claim' of the corporation before the High Court that only a smaller number of passengers use the facility. 'Government employees working in various departments are being extended preferential treatment. Those carrying ID cards are allowed to violate the queue and travel ticket-less, which results in the common people, who stand in a queue, waiting for long hours before they can hop on to the vessel,' the letter addressed to the corporation secretary read. While stating that a heavy rush is being experienced round-the-clock, the association rued that ordinary passengers are affected by the 'preferential treatment' as they often couldn't catch the first Ro-Ro upon arrival at the boat jetty. 'All commuters value time and need to reach their respective places of work on time. Being in a government service doesn't make one eligible for the 'emergency service'. Many officials arrive in their private vehicles during the peak hours, and jump the queue. The same is against the principles of equality and social justice as ensured in the Constitution. When we contacted the Kerala Shipping & Inland Navigation Corporation (KSINC), which is operating the Ro-Ro service, they said they are giving special treatment to the government employees as the same was approved by the corporation,' said Francis Chammany, president of the association.
