Around 12 in the noon time, I was bit panicky at the heavy thudding on my main door. In the other day, I generally open it at the very first instance of knocking but now bit scared and hesitating to open and waiting to assess the situation. The thudding and wailing of a man's voice disturbed me very much but even not getting enough courage to open the door. Now, I am hearing some other voices and appeared that they all are trying to console someone but the man who is crying not listening to anybody and continuously thumping on my door. I with great fear pull down the bolt and before could understand anything found someone jumped to my chest. It was Amal, a boy of around 30- 32 years, my next-door neighbour. The way he was crying and explaining something which put me in an awkward position and finding no word to console him. Amal is a very good boy. Simplistic in behaviour and obedient to his parents and neighbouring seniors. Nobody had ever any complain against him and the school teachers were also proud to have such a brilliant student in their fold. I also have a very high opinion about him. He also coming to me very frequently to get clear of some problems he faced in his study of Physics and Mathematics. I find pleasure for his brilliance and inquisitiveness. I am unable to understand the reason for his weeping. Initially thought that most probably he is crying because of his parents' pressure for marriage about which he is reluctant and also complaint to me earlier many time but his parents are also worried about his age and decent future life. With that idea I tried to console him and said, Amal, do not worry, I am here, I shall talk to your parents. Be calm and quiet.

He said, Uncle, what will they do? What can you do? I am finished, totally finished. People are spitting on me. They are making jibes at me. I left school. I have been chucked out of school. I have been declared incompetent. I have been called a fradulent, talking non stop and sobbing continuously. I am just speechless. Dumbed. Now, he stopped weeping. His voice is choked. Looked devastated.

I turned to his parents who were also crying and said that Amal lost his job today for the verdict pronounced just now by the Hon'ble High Court, Kolkata.

We all now sitting in my Drawing Room. Mr. Dutta explaining about the judgement of the case which was in probe by CBI for last some many months. Today, based on the investigation report and arguments in the floor of court, the Special Division Bench declared the entire selection procedure of 2016 School Service Commission is null and void and cancelled all appointments. For this ruling, Amal lost his job.

I could not get the logic of Mr. Datta and asked him, how Amal is connected with this verdict?

He said, Amal was a candidate of that 2016 batch,

I said, but Amal after successfully going through the selection procedure only got an appointment?

Mr. Dutta said, yes, but at that time, it was found that some candidates got appointment without having desired marks and bypassing the procedure also.

I said, Is it?

He said, yes. Have you not seen the boys and girls sitting on demonstration in Esplanade for last 3 years continuously demanding justice?

I said, yes, I saw and felt pain for them but do not know the actual reasons.

Then Sri Datta started explaining the fact.

He said, on 2016 School Service Commission conducted examination for giving employment of Teaching and Non Teaching Staffs and given employment to 25,753 Teachers. Thenafter, some illegality surfaced out and a section of the deprived candidates raised complaint in the Kolkata High Court mentioning that some people got illegal appointment ignoring the eligible candidates. The Hon'ble court after hearing the argument passed an order for CBI investigation and subsequently CBI took up the job, examined related documents, interrogated suspected key persons, took many persons to their custody and after detailed investigation CBI submitted Report to Hon'ble Court citing the truth of the Sanctity of the complain. Before this also Hon'ble High Court constituted an Inquiry Committee under the chairmanship of Retired Justice Bag, who also put on records the irregularity in appointment.

I said, yes, this all I was knowing and also found boys and girls sitting at the foot of Mahatma Gandhi and were demanding justice from the State Government. But, as nobody, known to me was there, so, I was unaware of the actual fact.

Mr. Datta, continuing. He said that it was noticed that some candidates whose score was much less got job, even some candidates who submitted blank papers were also selected ignoring the higher scoring candidates,

I am little bit surprised and asked, Is it possible to get appointment by submitting blank paper?

He said, corruption did not stop here only. You will be surprised to know that without appearing in the personality test also someone got appointment,

Wait, wait, I am not understanding what you are telling. Please give me detail of the selection procedure and let me know also how Amal is connected to this corruption.

After hearing in detail I noticed the case was as follow:--

In 2016, School Service Commission, West Bengal, sought application for recruitment of Teaching Staffs (For Class Nine- Ten Students and For Class Eleven- Twelve Students) and Non Teaching Staffs (For Group C and Group D).

Amal appeared for teachers' selection examination of Class Eleven Twelve Group.

The Objective Type Examination Paper, in general called OMR ( Optical Mark Recognition) Sheet was examined by a Gurugram based company, which was selected by tendering.

After announcement the result of the written examination, the shortlisted candidates had to appear for Personality Test. Then on the basis of aggregate score including the different element of Selection Procedure (OMR marks + Educational Qualification Mark + Personality Test Mark) together form the foundation of making Merit List and then based on the Merit List, candidates got recommendation for appointment and then Board issued Appointment Letter to the candidates. I find it was a very Scientific and Transparent Procedure. I asked Mr. Datta, it is very systematic procedure.

He said, yes, system is very good, but you will be shocked to know how the procedure was manipulated.

I am waiting silently.

Mr. Datta in continuation said that SSC invited application for a vacancy of around 25,000 teachers. For which more than 23 Lac candidates tried their luck and after

completing the selection, SSC recommended for 25,753 for appointment. After receiving the Recommendation, the West Bengal Board issued appointments letter. Barring a few selected candidates others reported to their duty. Amal also started his career as a Teacher.

Then found some candidates who despite being scoring very low marks got appointment while the much higher ranked people were denied.

How could they know that lower marks student got employment?

Mr. Datta said, details I cannot tell you but it was established that their complain had some sanctity.

The denied boys and girls after deliberation amongst themselves got confirmed that number of unjust recruitment was not limited to a few but a considerable number of teachers got appointment through this dubious way.

Boys and girls from different parts of the State after coordinating, started agitating forming an apolitical platform, demanding explanation and justice from School Service Commission, School Board and West Bengal Ministry.

Nobody paid any heed to their appeal and the unqualified teachers along with the meritorious and successful like Amal were continuing in their role at Schools.

The deprived boys and girls after getting No Response moved to Kolkata High Court and also were on sit in demonstration at Esplanade for which they had to face time again police atrocities. Again and again they took the shelter of Hon'ble High Court and with court's permission they continued their protesting activities.

Court passed order for CBI Investigation.

West Bengal Government, SSC and the Board vehemently objected to this Investigation and legal battle started rolling from One Bench to Other and from One Court to Higher Court and ultimately getting nod from Court CBI conducted probe and during probe they made arrest to some dignitaries, high profile administrators and some suspected conspirators. They also barged into some houses, offices, confiscated many papers as well as digital documents and continued their job.

The legal battle started and during deliberations in the court it was found that each and almost every observation of the Single Bench getting challenged at Division Bench and from that Bench to Supreme Court and the judgement getting delayed. This is not happening for this case only but for other cases related to the education too. All these were getting challenged every time and moving to the Supreme Court and the entire proceedings were getting delayed. Then at one point, the Apex Court, clubbing all such cases together, advised Kolkata High Court to set up a Special Division Bench exclusively to deal these cases with regular hearing and to dispose it within 6 months of forming the Bench. This order passed to High Court on 9th November 2023. The Division Bench, High Court, Kolkata, constituted on 29 th February 2024 and since then court started functioning.

On the other hand, besides the Court Proceedings, the boys and girls continued their agitation, not only sit in demonstration at Esplanade but also staging protest before Board's Office, Chief Minister's Residence etc. and facing the brunt of Police atrocity.

During the Court Proceedings the lawyers of all concerned placing their arguments and counter arguments and CBI also submitting their reports about the progress of their job. CBI relentlessly continuing their investigation and making arrest of suspected people, barging into the offices related to the case and confiscated the documents for detail study. In the meantime several Bail plea for the arrested people are getting negated at different court.

CBI in its report stated the following:

1. Corruption occurred,
2. A firm, NYSA of Gurugaon was entrusted to assess the OMR sheets but NYSA in turn appointed 'Data scan tech' to do the assessment about which SSC pleaded ignorant. Moreover, SSC confirmed that all OMRs were evaluated in their office under their supervision, which is contradicting to the report of CBI,
3. Most of the OMR had been destroyed at the behest of SSC but no back up record was maintained,
4. The OMR to which CBI could approach from different locations had found lot of discreprancy,
5. The OMR which could be addressed found that a candidate who originally got zero, one or two marks had been given high marks in the Score Sheet, thus could jump their rank and declared qualified whereas genuine successful candidates thrown behind the list and made sufferer,
6. In the personality test, it was found, one candidate without appearing personality test got appointment and posted to a school near to her residence. Incidentally, she happens to be a daughter of a West Bengal Minister,
7. It was further said that some people without sitting for written test also got appointment,
8. CBI unearthed that many teachers got appointment after expiring the validity of Merit List which is totally illegal,
9. Like this way CBI pointed out seventeen types of corruption but CBI could not pin point the candidates who are genuinely qualified and who got appointment by dubious means.

Hon'ble court gave patience hearing to all party concerned and tried to locate those incompetent appointee but could not be able to separate the grain from chaff. Time and again Hon'ble court asked the SSC and West Bengal Government to submit the list of the qualified and non qualified serving teachers. Both of them not giving due respect to Court's Call but not objecting to the facts that CBI placed before. The Government accepted the irregularities and SSC also did not deny to it which the Hon'ble court vide their judgement recorded as, "Reports in the form of affidavit of SSC, Board and CBI have established that, there had been serious illegalities/ manipulations in the selection process in respect of all the 4 categories of post involved."

After giving enough chances to SSC and West Bengal Government for speaking the truth, the Hon'ble court said today, that, "SSC, Board and State Government have consistently stonewalled any queries with regard to the selection process and have not come clean with regard to the manipulations/ illegalities involved. Conduct of 3 authorities, during the course of hearing can be classified as anything other than being cooperative."

The Court further said," State Government accepted that, there were widespread illegalities in the selection process and that, the numbers of persons who received appointments illegally cannot be determined with exactitude."

Though everybody accepted the illegalities but nobody identifying the persons who got illegal favour.

Quoting that the case is so complicated which makes it impossible to separate a grain and for this the court is cancelling the total panel of 2016, and for this Amal today lost his job and became a prey of a section of the society.

I am shocked at the judgement. What the CBI did? Is it not their duty to unearth the truth? Is it not failure on their part? Why for their ineffectiveness the people like Amal would be put to in this condition?

We all are looking at TV news and myself feeling pained for Amal. He is a very good boy with excellent academic record of B.Sc, M.Sc. and B. Ed. Everybody near to him knows about his honesty, quality, integrity and simplicity. As he earned reputation like a decent boy of area and a good student of school, similarly earned respect as a knowledgeable and quality teacher both to students and guardians but this unexpected axe falling on this innocent made him totally disturbed. Jibes from some quarter immediately throwing at him like a darting speed, making him totally disbalanced. As he is a soft hearted boy, so, I could guess the fearing expression of his parents.

There is a Pin Drop Silence in my house.

Before I could say anything, he is telling, Uncle, what is wrong with me? Why did the judge struck me out of my job? Why some guardians, teachers and the street vagabonds started making jibes at me? Why someone airing that I got appointment through fraudulent means that is by bribary? What shall I do now? How can I show my face? How can I walk keeping my head high?

I am confused, could not say anything. Talking to myself, I said, How can it be? How can court put this innocent, honest boys and girls in trouble? How can court tarnish the images of the honest teachers? How can court forced their family members to confine into themselves? How can the court club them with the fraudulents?

I then said to Mr. Datta that those whose appointment was transparent, how can they be made victim? Amal said, That is what uncle I am also telling, how can court scrap my appointment?

The court in their judgement said," We have given anxious consideration to the passionate plea that persons who had obtained appointments legally would be prejudiced, if we cancel the entire selection process. The other options have been ruled out and we have been hardly left with choice. We would rather have persons of integrity appointed as teachers through an untainted selection process rather than expose students to elements securing appointments through an unscrupulous selection process. Retaining appointees selected through such a dubious process would be contrary to public interest. By dint of the tenure of service of such appointees, successive generation of students would be exposed to these elements."

For around 25,000 job, the applicants were more than 23 lac. Out of so huge aspirants only some 25000 or more got selected wherein also found many got selected by some dubious means.

The court cannot restrict themselves to these 25000 odd candidates only.

How can it be assured that illegal assessment cases not there amongst 23Lac aspirants?

Our Article14 states that, The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.

So, court viewed the case not through lenses for 25000 odd only but considering the broad spectrum and to give fair justice ordered to struck down the entire panel.

I fully agree with the judges' view but at the same time feeling that some room to be given to the emotion of the people like Amal also.

But the court is a place for judgement based on logic and evidence where there is no room for sentiment. It acts on reality.

I found that court further referred to

Article 16 during delivering the judgement where it says that Article 16 states, "There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State."

I do not find anything wrong in the judgement at the same time feeling disturbed for Amal's plight. What is the wrong of the people like Amal who despite being a disciplined citizen have been forced to be identified as a Corrupt. Is it justice? Will the Investigating Agency take responsibility for Amal's social indignimination? Is it crime to be an honest? Is it justified that if anyone cannot find the culprit then the honest people to be taken for punishment?

But, what the court will do? If the Investing authority does not provide the substance material then how can a court deliver the judgement holding somebody guilty?

I am now thinking that what compelled court to deliver the verdict now?

To me, it is really surprising that the court is asking SSC to provide the list of illegal appointee as if a thief is to give the list that what he had stolen. Is it possible? Does anybody disclose his corruption? If the court to depend on thief's declaration then what is the need for Investigating Agency? If the CBI could not reveal the truth then what was the urgency for the court to deliver the ruling so early, because deadline as set by Supreme Court, permit some more months to complete. The Supreme Court in its order on 9th November, 2023 mentioned that the Special Bench should give judgement within 6 months of its formation. So, one believe that some very important findings might could have been done had the investigators were allowed some more time. What was urgency for court to deliver such judgement during Parliament Election?

What will happen to those who lost jobs?

The Court in its judgement said that the Reassessment would be done on the basis of 2016 OMR.

It sounds to me ridiculous. In the one argument, it is stated that most of OMRs had been destroyed. Again at one place, it is said that Hard Disc was recovered.

If the Hard Disc is available then how the separating grain could be difficult? Then why Court to depend on SSC's disclosure?

One can argue that OMR marks is one element. Other elements like Qualification Mark and Personality Test Marks are with SSC, so, how the Court could conclude the case without the cooperation of SSC.

I said, what for CBI then?

For CBI's failure, is it wise that the court will made people jobless and put around 1.5 Lac people of all age group in distress?

Amal asking me, what shall I do now? How can I give my Cancer patient mother treatment? How can I support my retired father who does not get pension? Uncle, tell me, tell me, what to do?

I cannot say anything than only looking at TV news.

Heard that, legal fraternities are divided in two houses over the verdict. One group telling that after Reassessing the fresh employment would be given. Others have different opinion. They are raising question about the validity of the Examination Result. In their view all candidates have to appear for fresh examination.

This contradiction again making me anxious.

Is it possible for anybody to claim that those who qualified then in 2016 can also be successful now in 2024?

Will the SSC rule permit to allow the candidates who have crossed the threshold age limit?

The simple answer is 'No', because without any amendment no authority can grant permission to sit for examination to the overaged candidates.

I can not say anything to Amal but can visualising the following impact immediately may happen to the society.

• Society will receive a good number of disgruntled people,
• Treatment to many ill people will be stopped,
• Many children will be forced to school drop,
• Many lenders will croak the houses and property for the reason of defaulter in paying EMI and thus the roof will be snatched,
• Many may be mentally disabled, disbalanced,
• Many may be desperate to end their lives,
• Many may take the course of the dark side of society,
• And so on.

I am looking at the pale face of Amal and his parents but not finding anything wrong in this judgement in context of 23 lac aspirants but felt that the verdict could have been delayed for some more time and

CBI was to be asked to be more aggressive to find the truth rather than depending on the disclosure of SSC.

In my opinion, court should have been more ruthless to CBI before pronouncing such a hard verdict. 

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