SHILLONG, NOV 2: The Meghalaya High Court today handed over the investigation into the infamous 2009-education job scam to the Central Bureau of Investigation (CBI), which is directed to submit its report within a period of six months.While slamming the High Level Scrutiny Committee (HSLC) formed by the state government for “carrying out the inquiry with soft-paddling and left the crux of the matter unattended”, the High Court has also directed constitution of a fresh ‘Scrutiny Committee’ under the chairmanship of the state chief secretary.
In its judgment passed here on Thursday, the division bench headed by the chief justice Dinesh Maheshwari said, “The CBI shall carry out similar nature inquiry, as carried out earlier in pursuance of the order dated 21.10.2011 and shall similarly segregate the tainted and untainted candidates and submit its report to the Chief Secretary within six months from today. For this purpose, the state government shall, within two weeks from today, hand over the entire record relating to all the Centres to the CBI without fail.”
Considering the involving of mass manipulations and interference, the bench also stated that it has no iota of doubt that the entire selection process, at least for the five referred Centres, is “polluted beyong repair” and is required to be annulled.
“Applying the said principles to the fact situation of the present case, we are clearly of the view that the state police would not be the proper agency to be entrusted with the investigation; and for the requisite investigation and for bringing to book all along with the connected matters the persons responsible in this scam, it is rather imperative that investigation in the FIR relating to this matter [presently Laitumukhrah P.S.Case No.62(7) of 2011] be carried out by the CBI,” it stated.
The report of the CBI which unearthed the education job scam in 2009 had pointed out that majority of candidates were appointed in irregular manner by changing their original marks on account of experience, education, qualification in the score sheets by applying white fluid (correction ink).
While the education department had appointed 350 names as successful candidates in the selection process, 255 were those who were recommended by the politicians.
The CBI had in its report also named five cabinet ministers, then Assembly Speaker and six legislators in the Congress-led coalition government besides other politicians for tampering with the score-sheets of the candidates applying for the post of assistant teachers in 2010.
In today’s judgment pronounced, the bench also slammed the HLSC constituted by the state government on August 31, 2012 by stating, “We are now not inclined to entrust the matter to the HLSC that had earlier carried out the inquiry with soft-paddling and left the crux of the matter unattended.”
It however ordered constitution of a fresh Scrutiny Committee under the chairmanship of the chief secretary to examine the report of the CBI and carry out further inquiry as considered necessary and submit its report to the state government within 3 months.
“The Committee headed by the Chief Secretary shall examine the report of CBI and shall carry out such further inquiry as deemed fit and necessary but shall make final recommendation to the State Government within 3 months of receipt of the report from CBI,” it stated.
The bench further made it clear that if selection process in any Centre is found “unfair with interference of public representatives or illegalities are of massive level”, the state government is expected to take decision for annulment of such a selection process.
“If large scale manipulations and/or interference of public representative or any other person are found, the Committee may recommend scrapping of whole of the selection process of that Centre too; and the State Government shall act accordingly,” it said.
The bench however stated that if no illegalities and manipulations are found in any Centre or if the extent of irregularities in any particular Centre are not of higher magnitude and no case of interference by any public representative or any other person is found, the selection process of such Centre may be approved by the Committee subject to appropriate orders relating to the tainted or blameworthy candidate, if any; and the State Government shall act accordingly.
Meanwhile, the bench has also held the whole selection process under the advertisement dated 10.12.2008, as issued by Deputy Inspector of Schools in pursuance of Notification dated 24.11.2008, vitiated in relation to Shillong Sadar, Jowai, Amlarem, Tura and Dadengre Centres; and is annulled subject to the proviso that only the candidates who have been treated as untainted/unblemished both in the reports of CBI and HLSC and are in service, may be allowed to continue as stop-gap arrangement until fresh selection takes place.
The prayer of other untainted/unblemished candidates of the said five Centres for induction in service stands rejected.
However, it stated that all the untainted/unblemished candidates of the said five Centres, whether in service or not, shall be allowed to participate in the fresh selection process, if otherwise eligible in accordance with the presently applicable Rules/Guidelines, without necessity of their applying afresh.
In this regard it is also provided that none of such untainted/unblemished candidates shall be treated as age-barred if he/she was within the age prescribed by the notification dated 24.11.2008.
None of the candidates who has been found tainted/blemished, whether in the report of CBI or in the report of HLSC or both as also none of the candidates who had been recommended by the public representative shall be taken or retained in service even in stop-gap arrangement and the service of every such candidate, who is yet continuing, whether by way of regular appointment or in ad hoc arrangement, shall stand terminated with immediate effect.
With regard to candidates who have been found tainted/blemished in the CBI report/or HLSC report, it is provided that any such candidate, if so desires, may make a representation, within 30 days from today, to the Chief Secretary for consideration as untainted candidate.
The bench directed that the chief secretary shall get such representation/s examined by a three member Committee, comprising of himself; and one member from the State Civil Services having unblemished service record and of impeccable integrity; and one independent member from any Central or State Educational Institution or University.
The said Committee shall take decision on such representation/s within 60 days of making; and if the Committee would accept the representation and treat the candidate as untainted, he/she shall be entitled to the right of participation in the fresh selection process at par with other untainted candidates, it stated.
Further, the bench however, made it clear that if the Committee would confirm the tainted character of any such candidate, he/she shall stand ‘permanently debarred’ from seeking any Government employment and shall also be liable for penalty quantified in the sum of Rs. 50,000 (fifty thousand) that shall be deposited in the State Disaster Management Fund.
Meanwhile, the bench directed that the disciplinary proceedings against the then Director, Elementary and Mass Education shall continue and the case file of disciplinary proceedings be returned to the Advocate General for appropriate transmission.
By Our Reporter
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