[Cash-For-Jobs Scam] Calcutta High Court Debars 'Tainted Candidates' From Participating In Fresh Recruitment Process
The Calcutta High Court has debarred 'tainted' candidates whose jobs were cancelled by the Supreme Court from participating in the fresh SSC recruitment process in light of the cash for jobs recruitment scam.
Justice Saugata Bhattacharya held: "In view of aforesaid discussion, respondent authorities including WBCSSC are directed to proceed with the selection process which started vide recruitment notification dated 30th May, 2025 but in the said selection process tainted candidates shall not be permitted to participate. If any tainted candidate has submitted application in order to offer his or her candidature pursuant to said recruitment notification dated 30th May, 2025 same stands cancelled."
The Court also directed the board to conclude the selection process expeditiously in line with the guidelines laid down by the Supreme Court.
The bench 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.
"If Court accepts the submissions made on behalf of State respondents as well as WBCSSC that tainted candidates were not barred by the judgment dated 3rd April, 2025 from participating in the selection process in that event while appraising their candidature during the interview those tainted candidates would be permitted to be awarded marks against their prior teaching experience which is found to be in teeth of the observations made by the Hon'ble Supreme Court," the bench stated.
Accordingly, the plea was disposed of.