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Supreme Court of India 2025-04-03 partly_allowed

STATE OF WEST BENGAL vs BAISHAKHI BHATTACHARYYA (CHATTERJEE)

Bench: 2 — Sanjiv Khanna, Sanjay Kumar

In Brief

The West Bengal School Service Commission's 2016 recruitment process for approximately 24,000 teaching and non-teaching positions was plagued by systemic fraud, including OMR sheet manipulation, rank-jumping, appointments of unqualified candidates, and destruction of evidence. The Supreme Court upheld the High Court's order cancelling the entire selection en bloc, holding that widespread illegalities affecting thousands of candidates rendered segregation of tainted from untainted candidates impossible. Candidates appointed through fraudulent means must refund salaries; other appointees' services are terminated but without wage recovery. Previously employed candidates may rejoin former positions with preserved seniority. The Court rejected pleas of delay and laches, as fraud was deliberately concealed and only uncovered during investigation.

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Civil Service Recruitment Administrative Law Public Service Commission Selection Process Fraud Comparative Jurisprudence Natural Justice Estoppel and Laches OMR Manipulation Constitutional Rights

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