The teachers who were illegally recruited as a result of the JBT scam should not be allowed to remain in job, a Delhi court said while handing down ten-year imprisonment to former Haryana Chief Minister Om Prakash Chautala, his son Ajay Chautala and eight others.
Citing a Himachal Pradesh High Court judgement on a similar issue where favoured candidates were held to be co-conspirators, Special CBI Judge Vinod Kumar said "such candidates (in JBT scam) should not be allowed to remain in job."
The court also directed CBI to start a probe in respect of the selections of teachers under Directorate of Secondary Education, which happened during the same time as the JBT scam, and had come up in the writ petition filed in the Supreme Court by convicted IAS officer Sanjiv Kumar.
The court made the observations while referring to the arguments forwarded by counsel for Chautalas and Sher Singh Badshami as to why the candidates, who reaped the benefit of the scam, are still in job.
"I fully agree with their submissions. During the investigation as well as during this trial, it has very clearly come on record that the favoured candidates were given 17 or more than 17 marks in interviews. Therefore, such candidates, who have been favoured, have adopted unfair means for getting their selections.
"Regarding the remaining, it would be appropriate if the district-wise merit list on the basis of the Supreme Court list is prepared (the original list)," the court said.
"I mention that as per rule 11 issued by the Directorate Primary Education..., it was directed that the district-level selection committees would prepare the merit list after conclusion of interviews, which would be sent to Directorate Education.
"The vacancies of each districts should be filled up on the basis of district-wise merit list. Where the Supreme Court list is not available...such merit list should be prepared purely on the basis of the academic marks etc. or interviews should be held afresh," the judge said.
The court, however, clarified that drawing up of fresh merit lists was "only a suggestion to the government and not a direction."
The judge also noted "I would further like to add here that Deputy Commissioner and the SDMs etc. had actively compelled the chairperson and the members of the district-level selection committees to sign affidavits on a pre-prepared proforma."
"This is a serious matter because these affidavits were being taken for the purpose of filing a reply by the government in the Supreme Court," the court said and recommended to CBI "to hold an inquiry and identify those officers who had indulged in such activities".
It said "if sufficient material is found, departmental action should be recommended against those officers."
The judge in its order also said that Sanjiv Kumar had in his writ petition specifically mentioned that a similar scam had taken place in the selection of teachers under the Directorate of Secondary Education during the same time.
"Some evidence to that effect has been led during trial which indicates the possibility of such scam. One award list... has been shown to this court which reflects the same pattern of marks as available in the Directorate list.
"CBI should not close its eyes on this aspect on the ground that the second set of award list is not available. I may point out that even in JBT scam, the original award lists of some of the districts are not available, but this court has held the Directorate lists of those districts to be fake on the basis of the marking pattern.
"I recommend that CBI should start investigation under section 173 (8) CrPC in respect of the selections of a teacher under Directorate of Secondary Education, which happened during the same time. Of course, after fulfilling the necessary requirements," the judge said.