In a significant ruling on Monday, the Supreme Court set aside the Calcutta High Court’s direction for a Central Bureau of Investigation (CBI) probe into the West Bengal Government’s creation of supernumerary posts during the pendency of the 2016 SSC recruitment case. The Apex Court ruled that the High Court’s order lacked a legal basis, as the cabinet decision to create the posts had not been specifically challenged in the writ petition.
A bench comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar observed that the High Court had referred the cabinet’s May 19, 2022 order for CBI investigation without any specific plea made in the petition regarding that decision. The Court also cited constitutional protections under Articles 74(2) and 163(3), which bar judicial inquiry into the advice given by Ministers to the Governor.
The Apex Court clarified, however, that its order applies only to the creation of supernumerary posts and does not affect ongoing CBI investigations or chargesheets related to the larger 2016 teachers’ recruitment scam in West Bengal.
Senior Advocate Kapil Sibal, appearing for the State, stated that no appointments had been made from the waitlisted candidates after the cabinet decision. On the other side, the petitioners argued that the supernumerary posts were a means to shield illegal appointees and had led to new vacancies.
Despite upholding the Calcutta High Court’s earlier verdict that invalidated over 25,000 appointments made by the West Bengal School Service Commission (WB SSC), the Supreme Court has now drawn a clear line, shielding constitutionally protected cabinet decisions from criminal investigations unless directly challenged.
The case—State of West Bengal vs Baishakhi Bhattacharyya & Ors. (C.A. No. 4800/2025)—remains one of the most high-profile legal battles linked to educational recruitment irregularities in the state.
