SSC Case Update: SSC 10 Marks Case Dismissed in High Court! Big Relief for In-Service Teachers

SSC Case Update: A significant case regarding the School Service Commission (SSC) has been dismissed in Court No. 18 of the Calcutta High Court. The petition challenged the provision of awarding 10 marks for experience to 9th-10th grade teachers when applying for 11th-12th grade positions. The dismissal of this case brings a major sigh of relief to numerous in-service teachers across the state.

While the verdict is seen as a victory for the working teachers, it comes as a disappointment for the petitioners who had questioned the fairness of this benefit.

The Core Dispute

The primary contention of the petitioners was against the policy of granting extra weightage for experience gained in 9th-10th grades while applying for higher secondary (11th-12th) posts.

• Difference in Scale and Qualification: Advocates Ashish Babu and Firdous Shamim, representing the petitioners, argued that the educational qualifications and pay scales for the two levels are completely different.
• The “Double Benefit” Argument: They termed this provision as a “double benefit,” arguing that experience from a lower tier should not yield advantages in a higher tier.
• NCTE Guidelines: Citing Supreme Court verdicts and NCTE regulations, they tried to establish that the two levels are distinct entities. They drew an analogy with upper primary para-teachers who do not receive similar benefits in primary recruitment.

Arguments by the Board and In-Service Teachers

On the other hand, Advocate Subir Sanyal, representing the Board and the in-service teachers, presented counter-arguments that played a crucial role in the outcome:

• Rules Not Challenged: He pointed out that the petitioners did not challenge the fundamental Recruitment Rules. The existing rules do not prohibit the transfer of experience benefits from one level to another.
• Experience as Examiners: It was highlighted that 9th-10th grade teachers are often appointed by the Council as examiners or head examiners for 11th-12th grade examinations, thereby gaining relevant experience at that level.
• Legal Validity: The defense argued that opposing a benefit without challenging the underlying rule that grants it is legally untenable.

Judge’s Observation and Verdict

After hearing both sides, the Justice observed that since the writ petition did not challenge the core recruitment rules, and the current rules explicitly allow for experience marks, the case lacked merit.

The court made it clear that to contest the awarding of experience marks, one must file a separate petition challenging the specific rules. Consequently, the case was dismissed.

Impact and Upcoming Hearings

This judgment confirms that teachers currently working in 9th-10th grades are eligible to claim the 10 marks for experience when applying for 11th-12th grade vacancies. This resolves the uncertainty that had clouded the recruitment process regarding experience weightage. It remains to be seen if the petitioners will move to a Division Bench or the Supreme Court in the future.

Meanwhile, all eyes are on the upcoming dates for other SSC-related matters. Hearings for cases concerning panel validity and other issues are scheduled for January 8th, January 13th, and January 28th.