SHILLONG: The Division Bench of the High Court of Meghalaya has ordered CBI inquiry into the criminal aspect of the education scam pending against politicians and to probe into all the centers where teachers recruitment was carried out while cancelling the selection process in the five centers.
Giving their final verdict on the matter, the Division Bench comprising Chief Justice Dinesh Maheshwari and Justice V P Vaish has directed all the untainted/unblemished candidates of the said five Centres, Shillong Sadar, Jowai, Amlarem, Tura and Dadengre, whether in service or not, shall be allowed to participate in the fresh selection process.
Again, it stated that if the candidates were otherwise eligible in accordance with the presently applicable Rules/Guidelines, without necessity of their applying afresh.
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.
“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,” the High Court stated in its order.
As for the candidates who has been found tainted/blemished whether in the report of CBI or in the report of HLSC or both, the High Court stated that such candidates shall not 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.
For the tainted/blemished candidates in the CBI report and/or HLSC report for Shillong Sadar, Jowai, Amlarem, Tura and Dadenggre, it is provided that any such candidate, if so desires, may make a representation, within 30 days from today, to the Chief Secretary to the Government of Meghalaya for consideration as untainted candidate, the High Court mentioned.
Accordingly, the High Court pointed 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.
On the functions of the committee, the High Court order stated that the 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 is, however, made 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,” the order stated.
The High Court has directed for a CBI inquiry for other centers (other than the five centers) and to submit its report to the Chief Secretary within six months from the date of issue of the order, November 2.
“For this purpose, the State Government shall, within two weeks from Thursday, hand over the entire record relating to all the Centres to the CBI without fail,” the order stated.
In this connection, the Chief Secretary is required to act on such report of CBI through the same Committee as soon as the report is submitted by the CBI.
“The said 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,” the order stated.
Furthermore, the High Court observed that 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.
However, 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.
Laitumkhrah PS case transferred to the CBI
The Meghalaya High court directed that Laitumukhrah P.S.Case No.62(7) of 2011 stands withdrawn from the State Police and stands transferred to the CBI for appropriate investigation and submission of its result within six months from Thursday.
The case diary which was submitted by the state government shall be handed over to the counsel for CBI for onward transmission to the Superintendent of Police, CBI, Shillong.
It may be mentioned that FIRs were filed against those involved in the education scam in the Laitumkhrah Police station.
Disciplinary proceedings to continue
On the other hand, the High Court stated 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 learned Advocate General for appropriate transmission.