2025 Supreme(SC) 581

SUPREME COURT OF INDIA
SANJIV KHANNA, CJI, SANJAY KUMAR, J.
State of West Bengal – Appellant
Versus
Baishakhi Bhattacharyya (Chatterjee) and Others – Respondents
Civil Appeal No. 4800 of 2025 (Arising Out of Special Leave Petition (Civil) No. 9586 of 2024) WITH Civil Appeals Arising Out of Special Leave Petition (Civil) Nos. 9614, 11883, 9637, 10617, 12148, 11752, 10552, 10603-10607, 11765, 11867, 11759, 11761, 12144, 11880, 11746, 10485, 10599, 10545, 11769, 12766, 11721, 11878, 10669-10670, 11857, 11756, 11846-11848, 15233, 15232, 16109, 12134, 13358, 14070-14072, 16110, 18501, 17041, 17022, 16911-16915, 15234, 11313, 15839, 15842, 14116-14117, 15231, 15843, 15844, 13337-13339, 14331, 15845, 15101, 13989, 16088-16091, 15846, 15391-15392, 15835, 15833, 15838, 15836, 16160, 16111, 15298, 15077, 16113, 16114, 16118, 15987, 16115, 18621, 16249, 16116, 16117, 16643-16645, 16887, 15294, 16093, 19768, 12770, 18366, 16933, 20455, 22110, 20462-20464, 19179, 22112, 22158-22159, 22111, 26465, 22109, 25078 of 2024, Civil Appeals Arising Out of Special Leave Petition (Civil) Nos. Diary Nos. 20709, 21000, 21281, 23851, 25090, 25093 25096, 27432, 27690, 27815, 28146, 28314, 28508, 30235, 30857, 32112, 32157, 33587, 25086, 27647, 27934, 28790, 29406, 30458, 30460, 30645, 31169, 33463, 27969, 41922, 20467, 30364, 30457, 30498, 34059, 20930, 31175 of 2024, Diary No. 2104 of 2025
Decided On : 03-04-2025

IMPORTANT POINTS
(1) Appointment – Cancellation of entire selection due to mass irregularities is justified.
(2) Principles of Natural Justice cannot be invoked to validate fraud that has occurred – These principles are not rigid or inflexible; rather, they must be applied with due regard to specific facts and circumstances at hand.
(3) Delay, as a general principle, encompasses both laches and acquiescence – Delay is always fact-specific.

Headnote:

(A) Service Law – Appointment – Cancellation – When an in-depth factual inquiry reveals systemic irregularities, such as malaise or fraud, that undermine integrity of entire selection process, result should be cancelled in its entirety – However, if and when possible, segregation of tainted and untainted candidates should be done in consonance with fairness and equity – Decision to cancel selection en masse must be based on satisfaction derived from sufficient material collected through a fair and thorough investigation – It is not necessary for material collected to conclusively prove malpractice beyond reasonable doubt – Standard of evidence should be reasonable certainty of systemic malaise – Probability test is applicable – Despite inconvenience caused to untainted candidates, when broad and deep manipulation in selection process is proven, due weightage has to be given to maintaining the purity of the selection process – Individual notice and hearing may not be necessary in all cases for practical reasons when the facts establish that the entire selection process is vitiated with illegalities at a large scale. (Para 19)

(B) Service Law – Appointment – Cancellation of entire selection due to mass irregularities – This is a case wherein entire selection process has been vitiated and tainted beyond resolution – Manipulations and frauds on a large scale, coupled with attempted cover-up, have dented selection process beyond repair and partial redemption – Credibility and legitimacy of selection are denuded – CBI Investigation has established mass irregularities in selection process – During course of investigation, several emails were found to have been exchanged between accused officials of Commission, certain private persons and officials of NYSA – These emails contained lists of candidates, whose OMR marks were found to be increased in Server of Commission – Investigation revealed that WBCSSC had destroyed original OMR sheets – There is discrepancy in both number of candidates and their corresponding percentages where such irregularities have been identified – Given that recruitment process was ongoing even after one-year validity period of panel, there is no justification for destruction of OMR sheets – Counselling process and appointments made to post of Assistant Teachers for Classes IX-X and XI-XII were made after expiry of panel – This is illegal and contrary to rules – Some candidates who did not attempt a single question were awarded marks and issued appointment letters – Destruction of physical OMR sheets and failure to maintain scanned/mirror images of OMR sheets are significant factors which were rightly rightly taken into consideration by High Court. [West Bengal School Service Commission (Selection for Appointment to Posts of Teachers for Classes IX and X in Secondary and Higher Secondary Schools) Rules, 2016 – Rule 21] (Paras 20, 22, 23, 30, 31, 36 and 40)

(C) Service Law – Appointment – Cancellation of entire selection due to mass irregularities – Plea of estoppel, delay, and laches in filing writ petitions – Public notices were issued and candidates/applicants/petitioners were afforded opportunity to inspect data and present their arguments – Principles of natural justice cannot be invoked to validate fraud that has occurred – These principles are not rigid or inflexible; rather, they must be applied with due regard to specific facts and circumstances at hand – Applying defence of laches, which is not a statutory bar, would be contrary to equity and justice in these circumstances – Principle of acquiescence also does not apply, as it assumes knowledge of act, followed by passive acceptance – It introduces a new implied defence that does not fit facts of this case – Delay, as a general principle, encompasses both laches and acquiescence and delay is always fact-specific – In this case, where fraud was concealed, as well as a cover up was practised, these principles cannot be applied – Some of appointed candidates who do not fall within category of tainted candidates may have previously worked in different departments of State Government or with autonomous bodies, etc. – In such cases, although their appointments are cancelled, these candidates will have right to apply to their previous departments or autonomous bodies to continue in service with those entities – For candidates not specifically found to be tainted, entire selection process has been rightly declared null and void due to egregious violations and illegalities, which violated Articles 14 and 16 of Constitution – As such, appointments of these candidates are cancelled – However, candidates who are already employed need not be asked to refund or restitute any payments made to them – However, their services will be terminated – No candidate can be appointed once entire examination process and results have been declared void – Impugned judgment cancelling en bloc/entire selection process upheld. (Paras 43, 44, 46, 47 and 50)

Facts of the case:

Implicated selectees have challenged Judgment on following main grounds: First, that evidence against them is weak, unproven, and inadmissible. Second, they were punished without inquiry, violating principles of natural justice. Third, while they were chargesheeted, they have not been convicted and should be treated as innocent. Other selectees, State of West Bengal, and WBSSC argue that High Court erred by annulling entire selection process based on CBI report and should have only cancelled appointments of those found guilty, leaving other appointments intact.

Findings of Court:

Court will independently take up the issue raised in the appeal(s) filed by State of West Bengal with regard to the direction of investigation by CBI on decision taken to create supernumerary posts. Special Leave Petition(s) to this extent will be listed for hearing on 08.04.2025.

Result : Appeals disposed of.