27 May, 2025
The Supreme Court of India, in a recent judgment, upheld the Calcutta High Court's decision concerning the appointment of a teacher in a municipal school under the West Bengal Municipal Act, 1993. The case centered around the appointment of a teacher who had been granted age relaxation under Sections 54 and 55 of the Act, following an advertisement dated June 8, 2017. Despite the entire selection process being canceled by an order dated August 29, 2022, the Calcutta High Court had ruled in favor of the teacher's appointment.
The State/Directorate of Local Bodies challenged this decision, filing a special leave petition before the Supreme Court. The Division Bench, comprising Justices Sanjay Karol and Joymalya Bagchi, examined the case and found no reason to overturn the High Court's judgment. The Supreme Court emphasized that the appointment was made in accordance with the provisions of the West Bengal Municipal Employees’ (Recruitment) Rules, 2005, which were introduced by the State Government under Section 417 read with Section 54(4) of the West Bengal Municipal Act, 1993.
The Court's decision reaffirms the applicability of the Recruitment Rules and the validity of appointments made under them, even in cases where the selection process has been subsequently canceled. This judgment underscores the importance of adhering to established legal frameworks and provides clarity on the interpretation of the West Bengal Municipal Act in matters of municipal school appointments.