[Recruitment Scam] Amounts To Double Punishment, Jobs & Salary Already Lost: State Tells Calcutta HC Over Tainted Candidates' Eligibility To Take Re-Test

The State of West Bengal has told the Calcutta High Court that disallowing 'tainted' candidates in the recruitment scam from re-taking the TET exam would result in double punishment after their jobs and salaries had already been taken away by the Supreme Court's order.

Senior Advocate Kalyan Bandopadhyay told a bench of Justice Saugata Bhattacharaya that the Supreme Court order did not expressly disbar tainted candidates from re-taking the test, but instead held that tainted candidates would not get the age-relaxation which would be granted to the untainted candidates.

He further submitted that such a move would amount to double punishment, and that the tainted candidates had "suffered" enough after the Supreme Court order terminating their jobs and directing a refund of any salaries received.

"Once they have already been terminated and directed to refund, that is it, Chapter closed," Bandopadhyay argued.

However, Justice Bhattacharya stated that the candidates would have to face the consequences for the actions taken by them in utilising a tainted recruitment process.

Bandopadhyay, however, argued that punishing these candidates twice would be a violation of their Right To Life under Article 21 of the Constitution.