In a significant ruling, the Calcutta High Court on Thursday struck down a notification by the West Bengal government that aimed to create 1,600 supernumerary posts for the absorption of candidates from a 2016 waitlist. The court found the decision, stemming from a May 2022 cabinet meeting, to be legally untenable.
Court Questions Validity of Recruitment Process
The bench, while setting aside the notification, raised serious questions about the validity of the decision-making process itself. The core issue revolved around the creation of these supernumerary posts specifically for candidates on the waitlist of the 2016 state-level selection test (SLST). This test was originally conducted for recruiting physical education and work education teachers in state-run upper primary schools.
The court held that the government's notification directly violated the established recruitment rules, specifically Rule 8. This rule clearly mandates that candidates' names cannot be recommended against any vacancy that has not been officially notified in advance.
A Case of "New" Vacancies Requiring Fresh Recruitment
The judges reasoned that since the 1,600 posts in question were not notified within the legally prescribed period following the 2016 selection process, they effectively constituted "new" vacancies. As per the court's interpretation of the law, such new vacancies cannot be filled by simply dipping into an old waitlist.
The logical consequence of this finding is that these positions must now be filled through a fresh, transparent recruitment process. The court's order essentially resets the procedure, nullifying the shortcut attempted by the state administration through the May 2022 cabinet decision.
Implications and Next Steps
This verdict is a major setback for the West Bengal government and the candidates on the 2016 waitlist who were hoping for absorption. It underscores the judiciary's role in enforcing procedural integrity in public recruitment. The state will now have to initiate a new recruitment drive if it wishes to fill these teaching positions, ensuring full compliance with all notification and selection rules.
The ruling also sends a clear message to all state authorities about the importance of adhering to the letter of the law in employment processes, preventing ad-hoc decisions that could compromise fairness and transparency.
