[Recruitment Scam] Calcutta High Court Upholds Order Barring 'Tainted Candidates' From Applying Afresh

The Calcutta High Court has upheld a single bench order debarring tainted candidates who were ousted from their jobs by the Supreme Court from reapplying for the fresh recruitment process.

Justices Soumen Sen and Smita Das De had previously asked whether the School Service Commission of the state could defend the cause of candidates who were found to be tainted by the Apex Court. On this occasion, it dismissed the state's appeal to allow the tainted candidates to apply afresh.

The single bench had noted that according to the decision of a division benh of the High Court, which was upheld by the Supreme Court, it is crystal clear that on finding egregious irregularities offending Articles 14 and 16 of the Constitution of India entire selection process was set aside, resulting in cancellation of engagement of two categories of candidates, one category was termed as “tainted” and another was “untainted”.

While dealing with the appointment of tainted candidates, it had been observed by the Supreme Court that their appointment was a result of fraud, which amounts to cheating, based on which the judgment of the Division Bench was not interfered with so far as tainted candidates were concerned.

While upholding the decision to cancel the appointments of the untainted candidates due to the entire process being vitiated by fraud, the Supreme Court stated that they were not required to refund their salaries, like the tainted candidates.

Although the WBCSSC and State respondents argued that the difference made by the Supreme Court between tainted and untainted candidates is only to the extent of granting or non-granting benefit of age relaxation, the court noted that on a plain reading of the relevant part of the judgment it could not be construed that tainted candidates were permitted to participate in the selection process.