SHILLONG: The division bench of the High Court of Meghalaya on Thursday ordered a CBI inquiry into the criminal aspect of the education scam pending against politicians, including then Education Minister Ampareen Lyngdoh, and also to probe into all the centres where teachers’ recruitment was carried out while cancelling the selection process in the five centres.
The High Court has also taken exception to the interference of politicians in the scam stating that it vitiated the normal selection process while ordering that disciplinary action against the former education official JD Sangma will continue.
The 105-page order is a setback to the Congress-led government in the run-up to the polls as the court cancelled the entire selection of as many as 365 teachers and the advertisement for the posts made in 2008-09.
The education scam took place in 2010 when Ampareen was the education minister.
FIRs were also filed by an affected candidate Sharaidalyne Wahlang, besides social activists Agnes Kharshiing and Angela Rangad, demanding probe into criminal aspect of the scam which have been pending for investigation.
While Wahlang had mentioned in her FIR lodged in 2011 with Laitumkhrah police station that her marks were erased by the official citing involvement of politicians, Kharshiing and Rangad had named Ampareen in their FIR.
Giving the final verdict on the matter after taking into account the earlier CBI inquiry and the report of the High Level Scrutiny Committee (HLSC), the division bench comprising Chief Justice Dinesh Maheshwari and Justice VP Vaish has directed that 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 HLSC report had said that out of the 365 candidates selected, as many as 268, or 70 per cent, were tainted.
According to the court, all the untainted candidates of the five centres – Shillong Sadar, Jowai, Amlarem, Tura and Dadenggre – whether in service or not, shall be allowed to participate in the fresh selection process.
“In this regard it is also provided that none of such untainted/unblemished candidates will be treated as age-barred if he/she was within the age prescribed by the notification dated 24.11.2008,” the High Court order said.
As for the candidates who have been found tainted/blemished whether in the report of CBI or that of HLSC or both, the High Court said such candidates will 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, will stand terminated with immediate effect. “For the tainted candidates in the CBI report and 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 Thursday, to the Chief Secretary for consideration as untainted candidate,” the court said.
According to the court, the chief secretary will get such representations examined by a three-member committee, comprising himself; 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 court said the committee will take decision on such representations within 60 days and if it would accept the representation and treat the candidate as untainted, he or she will be entitled to the right of participation in the fresh selection process at par with other untainted candidates.
Trouble for tainted candidates
“It is, however, made clear that if the committee would confirm the tainted character of any such candidate, he or 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 that shall be deposited in the State Disaster Management Fund,” the order said.
The High Court has directed for a CBI inquiry for other centers, besides the five, where selection process was carried out and to submit its report to the chief secretary within six months.
“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,” the order said.
In this connection, the chief secretary was asked to act on such report of the CBI through the same committee as soon as the report is submitted by the investigating agency.
The court said the committee headed by the chief secretary will examine the report of CBI and carry out further inquiry as deemed fit and necessary but will make final recommendation to the government within three months of receipt of the CBI report.
Further, the court observed that if large-scale manipulations or interference of public representative or any other person is found, the committee may recommend scrapping the whole selection process of those centres too and the state government will act accordingly.
However, if no illegalities and manipulations are found 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”, the court said.
Criminal case to continue
The Meghalaya High court directed that the Laitumkhrah PS Case No.62(7) of 2011 stands withdrawn from the State Police and transferred to the CBI for appropriate investigation and submission of its result within six months from Thursday.
The case diary that was submitted by the state government will be handed over to the counsel for CBI for transmission to the Superintendent of Police, CBI, Shillong.
Disciplinary action
On the other hand, the court said the disciplinary proceedings against the then Director, Elementary and Mass Education, JD Sangma will continue and the case file of disciplinary proceedings should be returned to the Advocate General.
