PANKAJ KUMAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) In this Writ Petition, filed in public interest, the petitioner seeks a writ of certiorari to quash the order dated 02.07.2019; and a writ of prohibition directing the National Commission for Scheduled Tribes not to proceed further in relation to the representation, filed by the tenth respondent, dated 02.07.2019.

(2.) Facts, to the limited extent necessary, are that W.P. (PIL) No. 228 of 2018 was filed seeking a writ of mandamus to appoint the CBI, or to initiate a judicial inquiry, for taking appropriate action in accordance with law; and to also monitor and supervise the entire investigation pursuant to the inquiry report dated 27.03.2017, and the letters dated 28.12.2017 and 18.07.2016, so that the culprits may be punished in accordance with law. In the said Writ Petition, the petitioner had alleged that a huge scam, involving various education institutions in the State of Uttarakhand, had resulted in several hundred crores of rupees of public funds, meant to be paid as scholarships to scheduled caste and scheduled tribe students, was swindled by these institutions; they, along with brokers and touts, had siphoned-off several hundred crores of rupees earmarked as scholarship for these socially and educationally backward class students belonging to the Scheduled Castes and the Scheduled Tribes category; and the entire issue was now sought to be hushed up by senior bureaucrats and ministers in the State Government.

(3.) In its order in W.P. (PIL) No.228 of 2018 dated 14.12.2018, a Division Bench of this Court had noted the contents of the report of the Additional Secretary, Social Welfare Department dated 27.03.2017 which disclosed that even on a random sampling, for the years 2011-2012 to 2014-2015, of the scholarship amounts paid to the Scheduled Caste students, in the two districts of Dehradun and Haridwar, serious financial irregularities had come to light; and it was necessary for a detailed inquiry to be caused, on this extremely serious issue, by a High Power Committee.