HC grants extension of six months to committee for examining CBI report into education scam

Syllad | The Rising MeghalayaJuly 5, 2019

SHILLONG: The Meghalaya High Court has directed the additional chief secretary in-charge political department to head the 3-member committee for examining the CBI report into the infamous 2009-education job scam since the incumbent chief secretary PS Thangkhiew was named as an accused in the report.

It has also granted extension of six months’ time to the committee for taking a final decision on the CBI report in compliance with the directions of the Court.

The judgment was passed by the division bench comprising of Chief Justice Ajay Kumar Mittal and Justice HS Thangkhiew while disposing of an application filed by the state government here on Friday.

“Accordingly, it is directed that the Committee to examine the CBI report shall be under the Chairmanship of Additional Chief Secretary incharge Political Department instead of Chief Secretary, Government of Meghalaya as nominated earlier,” the bench said in its judgement.

“The extension of 6 months’ time sought for compliance of the directions of this Court is granted with the specific stipulation that this is the last opportunity and the order passed by this Court be strictly complied with before the expiry of the extended period,” it said.

The application has been filed for modification of the judgment and order dated November 2, 2017 passed in WA No.52 of 2011 along with the connected matters seeking extension of 6 months’ time to comply with the directions issued by this Court.

During the hearing, Advocate General pointed out that on February 26, 2019, MC (WA) No.9 of 2019 was filed seeking extension of 4 months’ time.

The said Misc Case was allowed by this Court extending the period of 4 months’ time for ensuring compliance of the order passed by this Court.

Reference was also made to Annexure-II, where a meeting of the members of the Committee consisting of the Chief Secretary, Government of Meghalaya and two other members to examine the CBI report was held on June 26, 2019 in the office Chamber of the Chief Secretary, Meghalaya.

It was stated that since the Chief Secretary was named in the CBI report relating to education scam as one of the accused, a proposal was mooted that the Additional Chief Secretary in-charge of Political Department be nominated as Chairman of the 3 member Committee in place of the Chief Secretary until the end of his tenure as Chief Secretary, Government of Meghalaya.

Accordingly, the Committee decided that the department shall file an application before this Court seeking extension of the tenure of the Committee.

Advocate General prayed that the constitution of the Committee may be changed and time may be extended for final decision on the report submitted by CBI.

P Yobin, counsel has put in appearance on behalf of respondent No 1, TT Diengdoh, senior counsel assisted by CCT Sangma has appeared on behalf of respondents No 2, 8 and 9 and PT Sangma, counsel is representing respondents No 22 and 23 and have stated that they have no objection to the prayer of the learned Advocate General being granted.

It may be mentioned here that the High Court in its judgment and order passed on November 2, 2017 handed over the investigation into the education job scam to the Central Bureau of Investigation (CBI), which is directed to submit its report within a period of six months for bringing all persons responsible for the scam to book.

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 had also directed constitution of a fresh ‘Scrutiny Committee’ under the chairmanship of the state chief secretary.

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.