The Supreme Court recently cancelled the 2016 West Bengal SSC panel, resulting in loss of jobs for over 25,000 candidates
The week, April 08, 2025 : The Supreme Court on Tuesday decided not to intervene in the creation of supernumerary posts in state-run and aided schools under the Mamata Banerjee-led West Bengal government. The court set aside the Calcutta High Court’s order that had directed a CBI probe against the state cabinet over the matter.
A bench comprising Chief Justice of India Sanjiv Khanna and Justice Sanjay Kumar observed that necessary consultations were held prior to the creation of these additional posts, and that the Governor’s approval had also been obtained. Reportedly, the Chief Justice noted that allowing a central agency to investigate a decision taken by a state cabinet would go against the principles of the federal structure.
The apex court, however, made it clear that the CBI investigation into other aspects of the 2016 West Bengal School Service Commission (SSC) recruitment panel — which was cancelled last week — would continue.
In 2022, the state’s Education Department created nearly 6,000 supernumerary posts. These are temporary positions established to accommodate candidates eligible for regular posts that are currently unavailable. The decision was approved by the state cabinet, and a formal notification was issued. However, the move was challenged in the Calcutta High Court before a single bench headed by then-Justice Abhijit Gangopadhyay, who alleged that the posts had been created to regularize illegal appointments. He ordered a CBI probe against the state cabinet in connection with the issue.
On April 22 last year, a division bench of the Calcutta High Court upheld the single bench’s decision, ruling that the state’s action was inappropriate. The division bench further stated that the CBI could, if required, take cabinet members into custody for questioning. In response, the state government challenged this verdict in the Supreme Court. A bench led by then Chief Justice D.Y. Chandrachud had stayed the CBI probe against the cabinet regarding the creation of the supernumerary posts.
Last week, while ruling on the cancellation of over 25,500 appointments of teachers and non-teaching staff, the bench headed by CJI Khanna clarified that the issue of the CBI probe into the state cabinet would be dealt with separately.
This verdict comes as a relief for the ruling Trinamool Congress. Following last week’s decision that led to the mass cancellation of appointments, the state government faced heavy criticism from the opposition. With elections approaching next year, a CBI probe into the cabinet — or possible arrests — could have further weakened the position of the Mamata Banerjee-led administration.
