Supreme Court Overturns CBI Probe into West Bengal's Supernumerary Posts Decision

Supreme Court's Ruling on West Bengal Education Appointments

New Delhi: On Tuesday, the Supreme Court annulled the portion of the Calcutta High Court's ruling that mandated a CBI investigation into the West Bengal government's decision to establish supernumerary positions in state-run and aided educational institutions.

The bench, led by Chief Justice Sanjiv Khanna and Justice Sanjay Kumar, clarified that inquiries into other matters concerning the recruitment of 25,753 teachers and staff in West Bengal's educational system would proceed.

A 'supernumerary post' is defined as a temporary role created to accommodate an employee who has a right to a permanent position that is not currently available.

Earlier, on April 3, the Supreme Court had declared the appointments of these 25,753 individuals invalid, labeling the entire selection process as 'vitiated and tainted.'

During the verdict, the bench indicated that it would separately address the West Bengal government's request regarding the CBI's investigation into the creation of supernumerary posts.

On Tuesday, the bench revisited this specific aspect of the state's plea, stating, 'In light of the discussion, we believe the high court was incorrect in referring the matter of supernumerary posts to the CBI following the cabinet's decision.'

The bench referenced constitutional provisions regarding cabinet decisions, asserting that such decisions cannot be challenged in court.

'We clarify that our remarks in this order are confined to the direction for investigating the creation of supernumerary posts and do not reflect on the CBI's investigations and charges filed in other matters,' the Chief Justice remarked.