Tainted candidates from previous fraudulent selections cannot be allowed in fresh recruitment processes, as it breaches fundamental justice and undermines public trust in educational integrity.

JUDGMENT :

Soumen Sen, J.

1. Both the appeals arising out of a common judgment and order dated 7th July, 2025 are being heard and disposed of by this common judgment. The West Bengal Central School Service Commission (in short WBCSSC) and the State of West Bengal have preferred two separate appeals against the said common judgment.

2. The appellants are essentially aggrieved by the direction of the learned Single Judge to exclude the tainted candidates from the purview of the Notification dated 30th May, 2025.

3. The learned Single Judge in the impugned judgment has directed the appellant to proceed with the selection process which has started vide the Recruitment Notification dated 30th May, 2025 but debarred the tainted candidates from participating in the said selection process. If any tainted candidate has submitted an application in order to offer his/her candidature pursuant to the Recruitment Notification dated 30th May, 2025, the same shall stand cancelled. Both the appellants are aggrieved by the aforesaid direction as according to the appellants, the said direction would amount to re-writing the judgment of the Hon’ble Supreme Court and is not in consonance with the judgment dated 03.04.2025 passed by the Hon’ble Supreme Court in disposing of Civil Appeal No….. of 2025 (arising out of Special Leave Petition (Civil) No.9586 of 2024).

4. The issues raised need to be addressed with reference to the order of the Hon’ble Division Bench in WPA 30649 of 2016 heard with several other matters and decided on 22nd April, 2024 and the judgment of the Hon’ble Supreme Court dated 3rd April, 2025 in SLP against the said judgment and order.

5. Before we advert to the said judgments and the other documents relied upon that may be relevant for the purpose of consideration of the said issue, we briefly indicate the submissions made on behalf of the parties.

6. Mr. Kalyan Bandyopadhyay, learned Senior Counsel appearing on behalf of the West Bengal Central School Service Commission has primarily advanced the argument on behalf of both the appellants. Mr. Bandyopadhyay has submitted that the judgment of the Hon’ble Division Bench deciding the issue with regard to the recruitment process initiated in 2016 has merged with the order of the Hon’ble Supreme Court as would be evident from the conclusion recorded in the judgment of the Hon’ble Supreme Court from Paragraphs 45 to 49. Mr. Bandyopadhyay has submitted that the Hon’ble Division Bench in Paragraph 363 (ii) has declared the selection process null and void and cancelled and thereafter in Clause (iv) of the said Paragraph has identified and categorized the persons who would be required to return all remunerations and benefits received by them to the State Exchequer along with interest calculated at 12% per annum, from the date of receipt thereof till deposit, within a period of four weeks from date. This observation according to Mr. Bandyopadhyay has merged and stands modified in paragraph 45 of the judgment of the Hon’ble Supreme Court where the services of the tainted candidates who were appointed was directed to be terminated along with the refund of salaries and payments received since their appointments were the result of fraud which amounts to cheating. Mr. Bandyopadhyay has submitted that nowhere in the judgment of the Hon’ble Supreme Court, there is any clear bar and exclusion of the candidates who have suffered consequences for the termination along with refund of salaries and payments received from participating in the fresh recruitment process, that has been initiated by the School Service Commission in terms of the Notification dated 30th May,