KSU demands Govt to rectify anomalies in recruitment of assistant public prosecutor

Syllad | The Rising MeghalayaOctober 31, 2024

The Khasi Students’ Union (KSU) on Thursday demanded the state government to take appropriate measures to rectify the anomalies in the recruitment for the post of assistant public prosecutor under the Directorate of Prosecution.

In a letter to the deputy chief minister in-charge home (police) Prestone Tynsong, chairman of the KSU employment monitoring cell Reuben Najiar said, “(We) humbly urge that appropriate measures should be taken to rectify the anomalies in the recruitment process.”

He alleged there has been another anomaly or irregularity in the result declared by the Meghalaya Public Service Commission (MPSC) for the post of Assistant Public Prosecutor under the Office of Directorate of Prosecution, Meghalaya.

In the instant case of Assistant Public Prosecutor, based on the advertisement published by the MPSC on the 12th of October, 2023; it was mentioned that the conditions of eligibility for the said post is to have a degree from a recognized University and preferably a candidate with not less than 3 (three) years of experience and practice in prosecution of criminal cases in courts and also with records of successful prosecution in criminal cases will be preferable. The result of the said post was declared on the 29th of October, 2024.

“(However) it has come to notice that one of the candidates does not qualify the conditions of eligibility for the said post and yet was selected for the same. The said candidate only passed the law degree examination in the year 2023 in the month of August and has no experience whatsoever in practising in the Courts,” Najiar stated in the letter.

“Whether the candidate has passed the All-India Bar Examination (AIBE) which is mandatory for all the law graduates who want to practice in the legal field to pass before they can appear or practice in courts. If the eligibility conditions are not to be followed then there is no reason for putting it down in the first place and by doing so it has devoid the opportunities to other candidates who seek to apply for the said post. Such deviation from the conditions laid down in the advertisement only shrouds nepotism being involved,” he added.

He further stated, “In fact, the Union stands strong in its proclamation that nepotism is involved in the instant case as the said candidate is also seen to have been selected for the post of Junior Divisional Accountant under the Director of Accounts and Treasuries on the month of March, 2024.

The said candidate is also a member of a certain organisation which is sponsored and funded by the Government of Meghalaya. The Union does not have any personal animosity against the said candidate and he may have been diligent enough to get through the examination processes but the Union would like to reiterate that MPSC should abide by the said conditions of eligibility as laid down in the advertisement and cannot deviate from it.”

Najiar also added that it is a fact that there were dozens of other candidates who have years of experience who were not selected and also there are many candidates who have passed law in the recent years but who did not apply and they are yet to reach the eligibility conditions as mentioned in the advertisement.

“So, the selection of this particular candidate is injustice and unfair to all the other candidates.

The duty of prosecution in a criminal case is not easy as they have to assist in administering justice by bringing legal charges against those accused of breaking the law. The trial that takes place in bringing about the desired consequences cannot be held to theoretical knowledge alone but experiences from conducting cases plays a crucial role. Hence, it is absolute imperative that any legal practitioner must have years of knowledge practicing in the courts to be able to justify the selection as a prosecution which the said candidate clearly lacks,” he further stated in the letter.