SC says 'No' to CBI inquiry into additional teacher posts, sets aside Calcutta HC's order

In a major decision, the Supreme Court on Monday quashed a Calcutta High Court order that had called for a CBI investigation into the West Bengal government's creation of additional posts for over 26,000 sacked teaching and non-teaching staff.

These staffers had originally been appointed through the School Service Commission (SSC), but their appointments were voided due to irregularities in the recruitment process. In response, the Bengal government created new posts to accommodate them—a move that triggered controversy and legal challenges.

The Calcutta High Court had ordered a Central Bureau of Investigation (CBI) probe, questioning the legality of the cabinet decision to create the posts. However, the Supreme Court bench led by Chief Justice of India Sanjiv Khanna ruled that such decisions are protected from judicial scrutiny.

The apex court observed that cabinet decisions are not open to investigation by courts, and hence, the High Court’s order was “legally incorrect.” This effectively blocks any further probe by the CBI into the matter.

The ruling is a relief to the state government, which has been under intense political and legal pressure over the SSC recruitment controversy. It also provides a reprieve to the thousands of staff who had been reappointed under the new arrangement.