'Daal me kala or kaali daal'? Supreme Court reviews Bengal teacher scam

The Supreme Court of India commenced hearing multiple petitions on December 19 regarding the alleged teacher recruitment scam in West Bengal. These petitions challenge the Calcutta High Court’s decision, which had ruled against the segregation of tainted and clean candidates in the recruitment process. The case is being heard by a bench led by Chief Justice of India (CJI) Justice Sanjiv Khanna. Senior advocate Rakesh Dwivedi, representing the state of West Bengal, informed the court that the state government is fully cooperating with the investigation and supports the High Court’s direction to segregate candidates with criminal backgrounds from those without.

CJI Khanna, during the proceedings, raised questions about the High Court’s judgment, specifically its conclusion that segregation of candidates was not possible. The CJI asked, “Why did the High Court say that segregation is not possible?” In response to concerns about the use of digital evidence, CJI Khanna clarified that Section 65B of the Indian Evidence Act pertains to the admissibility of digital evidence but does not address the evidential value of documents. He pointed out that while digital certificates might reflect data downloaded from a server, they do not confirm the authenticity of data stored on hard disks, thereby casting doubt on the reliability of digital records.

The bench further sought clarification on whether all OMR sheet data was available on the server or whether some data was missing. CJI Khanna questioned the completeness of the server data, asking whether all relevant OMR sheets had been recovered or if any discrepancies remained. He noted that the segregation of tainted candidates from non-tainted ones was not feasible based on the existing evidence. Furthermore, the CJI observed that despite the irregularities in the recruitment process, additional posts had been created, raising concerns over the continued issuance of illegal appointments.

Senior advocate Jaydeep Gupta, representing the West Bengal Staff Selection Commission, was asked about the handling of recruitment-related data. The court inquired why the data had been shared with the opposing party without being retained for verification purposes. Additionally, the bench questioned the unusually short time gap between the marking and scanning of the OMR sheets, indicating possible manipulation in the process. CJI Khanna specifically pointed out the lack of time between these two critical steps and raised concerns about possible tampering.

The Central Bureau of Investigation (CBI) also submitted a report, which flagged discrepancies in the recruitment process, although it did not conclusively address the authenticity of the evidence or data involved. The CBI’s findings confirmed irregularities, but it emphasized that verification of data authenticity remained pending. The investigation highlighted potential lapses in the recruitment process but did not establish the extent of manipulation or its impact on the candidates selected.

As the hearing progresses, the Supreme Court is expected to consider whether the Calcutta High Court’s verdict can be modified or if it will stand. The case continues to attract significant attention due to its potential to reshape the recruitment practices in West Bengal’s education sector. The court’s decision will be pivotal in determining the future course of action for the recruitment commission, the state government, and the thousands of candidates involved in the alleged scam. The ongoing proceedings will address the handling of evidence, the integrity of the recruitment process, and the accountability of the officials involved.