Calcutta High Court Quashes Creation of Supernumerary Posts for Waitlisted Candidates in Teacher Recruitment

Judgment Declares Creation of Posts Violative of Articles 14 and 16, Orders Fresh Recruitment Process

In a significant judgment delivered on December 4, 2025, the Calcutta High Court, presided over by Justice Biswajit Basu, has quashed the West Bengal government's decision to create 1600 supernumerary posts to accommodate waitlisted candidates from the 1st State Level Selection Test (SLST) 2016 for Assistant Teachers in Physical Education and Work Education. The court found the action in violation of Articles 14 and 16 of the Constitution of India and the statutory framework governing recruitment.

The judgment came in response to a batch of writ petitions filed by Minakshi Ghosh and others, challenging the legality of the order issued by the School Education Department, Government of West Bengal, on May 19, 2022, and the subsequent notification by the West Bengal Central School Service Commission (WBCSSC) on October 14, 2022.

The court held that the creation of supernumerary posts without adhering to the prescribed statutory rules was arbitrary and unconstitutional. Justice Basu emphasized that supernumerary posts are intended for absorbing existing employees temporarily unable to be accommodated in regular posts, not for fresh appointments or to revive expired panels for waitlisted candidates.

The petitioners, who were unsuccessful in the 1st SLST 2016, argued that the entire selection process was marred by corruption and malpractices. They contended that the creation of supernumerary posts deprived them of a fair opportunity to compete for new vacancies through a fresh selection process.

The court rejected the State's argument that the creation of posts was justified to meet the constitutional obligation under Article 21-A to provide free and compulsory education. It was noted that fulfilling constitutional mandates cannot be achieved by bypassing statutory rules and principles of equality.

This decision mandates the State to initiate a fresh recruitment process for the newly created vacancies, ensuring compliance with statutory provisions and constitutional guarantees. The court's judgment underscores the importance of transparency and fairness in public employment and serves as a reminder to adhere strictly to statutory frameworks.

Bottom Line:

Public Employment - Creation of supernumerary posts for waitlisted candidates without following prescribed statutory rules is violative of Articles 14 and 16 of the Constitution of India and the statutory framework governing recruitment.

Statutory provision(s): Articles 14, 16, and 21-A of the Constitution of India, West Bengal School Service Commission (Selection for Appointment to the Post of Teachers for Upper Primary Level of Schools) Rules, 2016.

Minakshi Ghosh v. State of West Bengal, (Calcutta) : Law Finder Doc Id # 2817762