High Court disposes of miscellaneous cases, reserves judgment on ‘education scam’

Shillong, Oct 24: The Meghalaya High Court has disposed of miscellaneous cases filed with regards to the alleged scam in the 2009 appointment of assistant teachers in government lower primary schools.

In its order issued here on Tuesday, the division bench headed by chief justice, Dinesh Maheshwari said it is further noticed that so far miscellaneous cases relating to WP (C) Nos.88, 112, 72, 83, 113, 116 and 166 of 2014 are concerned, in view of the order passed in other similar miscellaneous cases on March 25, 2014, essentially declining the relief of reinstatement but making the order of termination of service subject to the outcome of the writ petition, no further orders are required.

“However, to put the record straight, these miscellaneous cases deserve to be disposed of. Accordingly, MC [WP(C)] Nos. 68, 92, 147, 65, 93, 96 and 135 of 2014 stand disposed of,” the bench said.

So far MC (WA) Nos. 17 and 18 of 2017 are concerned, it was noticed that the applicants herein have asserted that though they were declared unsuccessful earlier, but now they deserve to be substituted as selected candidates in place of the alleged tainted candidates.

It also stated that the applicants were, in fact, allowed to intervene and the arguments of their counsel, N Gurung were heard on May 25.Therefore, there appears no reason to keep these miscellaneous cases pending on board. Accordingly, MC (WA) Nos. 17 and 18 of 2017 also stand disposed of.

“With the clarifications and submissions of the learned counsel for the parties and with disposal of the miscellaneous cases, these matters remain closed for judgment,” the bench stated in its order.

Meanwhile, the bench has reserved its judgment after hearing at length the extensive arguments of the counsel for the parties with regards to the batch of cases comprising Intra-court appeals, writ petitions.

During the hearing, the Advocate General was allowed to examine the file received from CBI, containing the alleged recommendatory letters/communications in relation to the selection in question and was posed the queries in regard to the report of the High Level Scrutiny Committee, particularly in relation to Item No.1 (C) of its Terms of Reference as also in relation to its recommendations in paragraph 9.2 of the report.

Advocate General has been heard in response.

The Advocate General has also placed on record, in response to other queries, the hierarchy of administrative set-up with regard to the primary schools in the State of Meghalaya.

Counsel, PT Sangma has also been heard further in relation to the appellants as also interveners represented by him.

In response to other queries, it has been clarified by the Advocate General and counsel, K. Paul that in relation to these matters, only one Petition for Special Leave to Appeal was filed before the Supreme Court, whose initial filing number was 5991 of 2014 and after condoning the delay, it was registered as SLP (C) No.11357 of 2014 and was ultimately disposed of as Civil Appeal No.4565 of 2017.

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