Supreme Court overturns Calcutta HC’s CBI inquiry order on Bengal’s supernumerary posts
The Supreme Court of India has overturned a decision by the Calcutta High Court to order a CBI investigation into the creation of supernumerary posts by the West Bengal cabinet for teacher appointments. This decision was made on April 8, 2025, by a bench led by Chief Justice Sanjiv Khanna and Justice Sanjay Kumar.
Supernumerary Posts: These are temporary positions created to accommodate candidates who cannot be placed in regular posts due to their unavailability. The West Bengal government created such posts to address pending litigation related to teacher appointments.
CBI Probe: The Calcutta High Court had ordered a CBI investigation into the creation of these supernumerary posts, alleging irregularities. However, the Supreme Court set aside this order, stating that attaching criminality to a cabinet decision would undermine federalism and is not justified when no appointments were made based on that decision.
Continuing Investigation: While the Supreme Court quashed the CBI probe into the supernumerary posts, it allowed the ongoing investigation into other aspects of the teacher recruitment scandal to continue. This includes allegations of irregularities in the appointment of 25,753 teachers and staff members.
Legal Basis: The Supreme Court cited Articles 74(2) and 163(3) of the Constitution, which bar courts from inquiring into cabinet decisions advising the President or Governor.
The controversy stems from a 2016 recruitment drive by the West Bengal School Service Commission, which was invalidated by the Calcutta High Court due to widespread irregularities. The Supreme Court upheld this decision, leading to the cancellation of over 25,000 appointments. The creation of supernumerary posts was seen as an attempt to accommodate candidates affected by these cancellations, pending the outcome of litigation.
