RASHEED MASOOD Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) The present revision petition is preferred by the Petitioner for setting aside the order on charge under Section 120-B/420/467/468/471 I.P.C. and Section 13 (1)(d), 13 (2) of Prevention of Corruption Act passed by the Special Judge by an order dated 27.01.2007.

(2.) The brief facts necessary to decide this present petition are that the State of Tripura does not have any medical college of its own. Consequently some MBBS and BDS seats are allocated every year from Central Pool by the Ministry of Health and Family Welfare, Government of India in various Medical Colleges of the country. These seats are made available to the State of Tripura for allotment of eligible students from the state on the basis of merit. The Government of Tripura constituted the Tripura Board of Joint Entrance Examination (hereafter referred to as "TBJEE") in the year 1988 for the selection of candidates through joint entrance examination held every year. The candidates were nominated on the basis of merit. The Eligibility criteria for candidates to appear at the Joint Entrance Examination was that the candidate or his parents should have resided in Tripura continuously for a period of 10 years or more at the time of issuance of certificate and the candidate should have passed HSC conducted by Tripura Board of Secondary Examination or equivalent. In case the candidate is not a permanent resident of Tripura and his parents are officer(s) on deputation to the Govt. of Tripura or officer in the Central Govt. working in Tripura and had served in Tripura for a period of 3 years or more and passed HSE from an Institute of Tripura, then too, the candidate is deemed eligible.

(3.) It is alleged that the Adnan Masood, co-accused of the petitioner, being the son of his brother was resident of Solanee Puram, Roorkee, UP and was ineligible to appear in JEE conducted by TBJEE, he did not appear in the Entrance Examination. His name was recommended for admission in the MBBS course out of the Central Pool Quota reserved for the residents of the State of Tripura. According to the prosecution, despite his ineligibility and despite his not having appeared in or cleared the Joint Entrance Examination conducted by TBJEE, his name was recommended for admission in the MBBS course out the Central Pool Quota reserved for the residents of the State of Tripura, by a letter dated 6-8-1990.