CET paper mess: High Court directs AG to produce report ‘Notice Should Have Also Gone To The One Who Made The Packets’ Srinagar, Aug 14: The Jammu and Kashmir High Court has directed the Advocate General to produce a report indicating the names of those found indulging in ‘nefarious activities’ in this year’s Common Entrance Test (CET). Passing directions on a Public Interest Litigation seeking probe into leak of papers in CET- 2013 and some similar complaints in the past, a Division Bench of the High Court comprising Chief Justice M M Kumar and Justice D S Thakur asked the Advocate General M I Qadri to produce the report in a sealed cover on the next date of hearing on September 11. The division bench passed the direction after perusing the compliance report of the government wherein it was stated that the government had asked the IGP CID to keep a strict vigil on the activities of the persons whose names were mentioned in the communication letter sent to the CID. The division bench after perusing the compliance report about the investigation into the allegations against the fair conduct of CET held that the Inquiry Officer is expected to expedite the probe by taking all necessary steps. About the inquiry ordered by the government, the court said “the steps so far taken do not satisfactorily show any effective progress made.” The government in its compliance report has stated that Muhammad Ashraf Bhat IAS has been appointed as inquiry officer to probe the allegations regarding the conduct of the CET. The report said public notice has been served to invite objections/suggestions and questionnaires have been served on the BOPEE Chairman and its former Chairman with regard to the issue. The report said the IO could not complete the inquiry within 15 days allotted to it as the Chairman of BOPEE was held up with the conduct of the CET-2013. The report further said that the IO has sought extension of time and the matter is being processed for orders of the competent authority. The division bench however said there is no disclosure made in the compliance report whether a public notice has been published in the press or any other mode has been adopted. “Likewise issuance of notice to the former as well as the present Chairman, BOPEE, would not be of any consequences because notice is required to be sent to all those who are closely associated with the setting up of question papers, process of printing and those who are associated with the printing press.” “The notice should have also gone to the one who made the packets. However, there is nothing on record to suggest that effective steps in such a manner have been taken,” the court said. “Accordingly, we direct that for effective and recording of authentic findings of fact, the Inquiry Officer would be well advised to adopt the proper procedure because otherwise he is bound to stumble,” the court said. Advocate BA Bashir is the Amicus Curie in the case.
Posted on: Thu, 15 Aug 2013 17:38:13 +0000
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