By Our Reporter
Shillong: In a far-reaching verdict, a Division Bench of the Gauhati High Court has directed the Meghalaya Education department to constitute a high-level committee to inquire into alleged manipulation in the appointment of assistant teachers in Government Lower Primary Schools.
Referring to the parameters laid down by the Supreme Court in the matter of ordering a CBI inquiry against the State Education department, the Division Bench comprising of Justice A Hazarika and Justice K Meruno held that the earlier directive of the Single Bench of the High Court to constitute a CBI inquiry into the allegation was unwarranted.
The Court has directed the Principal Secretary of the Education department to institute a high-level committee to inquire into the matter.
“After completion of the inquiry, the Education department is free to take independent decision as per law either confirming or terminating the appointment,” the Division Bench ruled.
The Division Bench also ruled that the Committee could avail beneficial assistance from legitimate findings of the CBI inquiry report which is said to be lying with the State Government under sealed cover.
The Division Bench further stated that the judgment of the Single Bench directing the State Government to take action as per the CBI report stands modified.
It may be recalled that the Single Bench had, earlier, held that there was ‘presumption evidence’ of illegalities committed in the recruitment process by the Education department.
But the Division Bench on Thursday held that merely ‘presumption evidence’ without any further proof cannot warrant an order of CBI inquiry into the allegations.
On October 21 last year, Justice T Vaiphei had directed the CBI to probe the alleged anomalies in the appointment of assistant teachers in Government LP schools.
The order came as Justice Vaiphei was adjudicating on a case of nine writ petitions filed by aggrieved applicants after information obtained through the Right to Information Act, 2005, bringing to light various discrepancies and manipulation in the appointment of assistant teachers in 2009-10.
In 2010, a group of candidates from Jowai unearthed massive irregularities/manipulation in the selection and appointment of assistant teachers in LP schools, through documents obtained under the RTI Act. As the State authorities paid no heed to their pleas, they decided to approach the court via a writ petition filed in April-May 2010. Teachers from East Khasi Hills, Amlarem (Jaintia Hills), Tura and other areas under West Garo Hills followed suit.
Following hearing into the case on October 21 last year, Justice Vaiphei had ruled that based on the inquiry report, the respondent authorities shall take necessary and consequential actions, including cancellation of the entire selection process and restarting of the recruitment process to fill up the posts in question within a period of two months.
The CBI had begun its probe in November last year and hundreds of witnesses, including government officials and aggrieved candidates, were cross-examined by the investigating agency.