Bengal Teacher Recruitment Case: Big relief to 25 thousand teachers, Supreme Court bans order to cancel appointment, SC will hold regular hearing from July 16

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A bench of Chief Justice DY Chandrachud and Justices JB Pardiwala and Manoj Mishra said that since tented appointments can be isolated, it would be unwise to cancel the appointments altogether.

The Supreme Court on Tuesday stayed the Calcutta High Court’s April 22 order invalidating the appointments of 25,753 teachers and non-teaching staff in government and state-aided schools in West Bengal. A bench of Chief Justice DY Chandrachud and Justices JB Pardiwala and Manoj Mishra said that since tented appointments can be isolated, it would be unwise to cancel the appointments altogether.

However, the top court directed that the salary of the illegal appointees will have to be refunded. It also allowed the CBI to continue investigating the case as per the High Court order. However, the court told the investigating agency that no action can be taken against the candidates or officials.

We are of the view that expeditious disposal of the case would be in the interest of justice, we continue the interim protection granted. Subject to the express condition that no person has been found to have been illegally appointed and continues to be so as to result in the present. In case of illegal appointment, instructions have also been given to refund the salary. There will be a detailed hearing in the case on July 16. The court will hold regular hearing from July 16. In the last hearing, the court had refused to stay the order of Calcutta High Court to cancel the recruitment.

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