The Calcutta High Court on July 10 upheld a single-judge order barring 'tainted' candidates from participating in the fresh recruitment process for assistant teachers in West Bengal [West Bengal Central School Service Commission and Anr v Sanjoy Kr Doloi and Ors].

A Division Bench of Justices Soumen Sen and Smita Das De rejected the petitions filed by the West Bengal government and the West Bengal Central School Service Commission (WBCSSC), challenging the single-judge's order.

The WBCSSC and the State government had challenged Justice Saugata Bhattacharya's order of July 7. 

It argued for the 'tainted' candidates, saying that they had already been punished once and should not be stopped from earning a livelihood.

The term 'tainted candidates' refers to those who had used fraudulent means to obtain jobs during the earlier recruitment process of 2016.

However, the single-judge said that those who used unfair means must be excluded.

Justice Bhattacharya passed the order while dealing with a batch of petitions filed by untainted candidates challenging the government’s decision to allow “tainted” candidates to reapply for assistant teacher jobs in the fresh recruitment. 

The Division Bench dismissed the appeal against the same on July 10.

The earlier recruitment process of 2016 was cancelled by the Calcutta High Court and the Supreme Court after they suspected fraud. 

The State then initiated fresh recruitment process.