VIJAY KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) JBT Treachers' selection: the genesis of the controversy

(2.) THE validity of the selection process and the publication of results were brought under cloud when some of the candidates, who had not been selected, had filed writ petitions alleging grave malpractices. As if to secure credence to their versions, a case had been registered against one Sanjiv Kumar, IAS who held the additional charge as Director of Primary Education at the relevant time when the results were published and against whom a FIR No.312 had been registered on 04.06.2002 and still later yet another FIR No.293 had ben registered on

(3.) I have made skeletal reference to the judgment of the Criminal Court only for the purpose of showing that the Court was principally concerned with whether there had been alteration in the list made and whether there was a conspiracy amongst all the accused persons, who committed the offences for which they were charged with. Since the adjudication has still not become final, I have referred to the judgment only for taking note of some uncontroverted fact that the list which was prepared and went for publication was not the genuine list. It must be remembered that no attempt was made at the time of trial, except by the 3rd accused Sanjeev Kumar that the list on the basis of which results were published was the genuine list and all the persons that had been selected were the meritorious candidates selected after proper appraisal. The area of dispute which is still at large is whether there was a conspiracy involving all the accused persons and whether Sanjiv Kumar at whose instance the prosecution before the Special Court went against all the 64 accused had really brought out truthful contentions before the Supreme Court. After the Criminal Court judgment had been rendered, I had called upon the State Government to indicate its own stand on how it proposed to act on the CBI report and had directed an affidavit to be filed by an officer on the proposed action to be taken not below the rank of Assistant Secretary. In some of the writ petitions, the selected candidates had been impleaded as parties and I had also directed the written statement of all the selected candidates to be brought on record. IV. The grounds of challenge and defences