Govt uses ‘ghost report’ to set right wrong answer in job test, high court orders probe

Sureshkumar.K@timesgroup.com

Chennai:02.04.2019

The Tamil Nadu Uniformed Services Recruitment Board (TNUSRB) was left red-faced after its attempt to mislead the Madras high court with a bogus ‘expert report’ was exposed by a job applicant on Monday.

After the policeman proved that such an ‘expert’ never existed in IIT-Madras, the board admitted to ‘impersonation’ and said it had lodged a complaint against two people responsible for it. The court, however, called for a detailed response from the department.

The issue pertains to a recruitment drive conducted by the board for the post of subinspector (fingerprint) in 2018. S Arunachalam, a grade-II police constable, applied for the post and participated in the recruitment process. However, Arunachalam was denied appointment as he failed to secure the required marks in the written examination. Aggrieved, he approached the high court alleging that on account of a wrong key answer, half a mark was denied to him with which he would have become eligible for the appointment.

Opposing the plea, TNUSRB produced an ‘expert opinion’ from Dr D Murthi, professor, department of maths, IIT-M, dated March 1 which said the the petitioner had indeed entered wrong answer to the question and that the answer key was right. Based on the opinion, the high court dismissed his plea.

Impersonation case: Court to hear more details today

On Monday when Justice S M Subramaniam commenced his proceedings, Arunachalam’s counsel made an urgent mention stating that the ‘expert opinion’ produced by the board was ‘bogus’ as no such person named Moorthy exists in the list of faculty of IIT-M. “This apart, the RTI reply sent by the institute dated March 18, which is placed before the court says that there is no regular/guest/visiting faculty under the name professor D Moorthy in the department of mathematics,” he said.

Appalled over the submission, Justice Subramaniam sought a response from the additional advocate-general who represented the TNUSRB.

When the plea was taken up for hearing, additional advocate general admitted that there was an impersonation and submitted written instructions signed by the inspector-general of police and member-secretary of the board, in which it was stated that they had identified some impersonation in the matter and that a criminal complaint has been lodged with the Chennai city commissioner of police.

Based on the complaint, FIR has been registered against G V Kumar and D Moorthy, who had committed forgery with an intention to cheat the board, by furnishing false documents, the officers said.

However, pointing out that larger questions raised by the court as to the ‘sanctity’ of engaging Kumar for the purpose of obtaining ‘expert opinion’ and his status in the board are not explained by the authorities, the court directed them to file a detailed affidavit setting out the facts and circumstances by Tuesday.

Considering the seriousness of the allegations made, the court directed the registrar (judicial) of the court to keep the files of the petition in safe custody till next hearing.

Considering the seriousness of the allegations, the court directed the registrar of the court to keep the petition files in safe custody

HC overturns acquittal of civic officials in graft case

TNN | Mar 28, 2019, 02.42 PM IST

MADURAI: Chiding a trial court for acquitting a municipality executive officer and his subordinate under the Prevention of Corruption Act, the Madurai bench of the Madras high court called the judgment perverse and convicted the two government staff to one year imprisonment for demanding bribe to make arrangements for water supply connection to a citizen.

The court was hearing an appeal by the Trichy vigilance and anti-corruption wing police against the acquittal of then Thanthoni municipality executive officer, M Kathirvel and V Sekar, a water supply helper in Karur district. In 2007, B Vanitha, a resident of Thanthoni municipality had approached the government office to get water connection for her house. After receiving the application, Sekar had demanded Rs 1,500 extra apart from the charges involved. Sekar reportedly told the woman that it was on the instruction of the executive officer and when the woman confronted the officer about it, he too asked her to pay the money and refused to give water connection without her paying the extra amount.

The woman filed a complaint with the DVAC and a trap was set up. The woman handed over chemically soiled notes to the helper, which he received, according to the prosecution.

After a trial lasting five years, the lower court acquitted the two citing that if at all the money was received as illegal gratification by the first accused, he would definitely keep the amount in his pocket or on his table drawer, but the same was placed on the table and also agreed with their submission that the collected sum was for military / flag day donation.

Justice M Dhandapani after perusing the trial documents and the submissions made during the trial observed that the court is unable to understand the view taken by the trial court and that even if the amount taken was for flag day donation, no register was submitted to establish the same. “It can be stated that none of the reasonings given by the trial court for concluding that the prosecution case is not reliable is not based upon any evidence available in this case, but the entire finding of the trial court is thoroughly based upon misreading of the evidence,” the court said and convicted the two.

Inexperienced advocates: HC suggests exam similar to SC

TNN | Mar 28, 2019, 12.01 PM IST

MADURAI: How about a Supreme Court-type advocate-on-record (AOR) examination for lawyers practising in Madras high court as well? A suggestion to this effect was made by a division bench, which said such filtering mechanism and minimum years of practice before trial courts ahead of appearing in the high court were necessary to improve the quality of advocacy.

The bench of justice N Kirubakaran and justice S S Sundar suggested that the Bar Council also take steps to prescribe at least three years of experience in trial courts to qualify to appear before the high court and five years’ experience in high courts for appearing before the Supreme Court.

The observations were in response to a petition by an advocate, A Kannan, who wanted the court to direct its registrar-general to make appropriate rules to make it compulsory to pass the advocate-on-record examination to allow new advocates to file cases on their own.

The judges, making it clear that they did not underestimate the newly enrolled advocates, said their suggestions were to tone up the justice delivery system and to safeguard it. “Only when advocates are well experienced in drafting, conducting trials and appreciating evidence, would they be in a better position to appear before high courts,” the bench said and adjourned the matter to April 10 for further hearing.

“It requires at least three to five years’ experience in a senior’s office for young lawyers to be able to know from the seniors as to what are the particulars to be collected from clients and how a petition should be drafted and how a case should be presented before the court,” the bench observed. “Otherwise, it becomes very difficult for courts to render justice effectively,” the judges remarked, adding that the right of the clients got adversely affected once and for all if a case was presented without enough details or preparations, and got dismissed in courts.

Broken education system causing courts to be overburdened: Madras HC judge

TNN | Mar 31, 2019, 07.53 AM IST

TRICHY: Expressing concern about the overburdened judicial system in India, Madras high court judge Vineet Kothari blamed the education system for not creating good citizens, here on Saturday.

“All the disputes which arrive are because of wrong thinking. It is wrong because you don’t have the right education. Problems actually emanate from wrong education or lack of education. Before you are talking about any law, you must first become good citizens,” said justice Vineet.

He was speaking at the awareness programme on family welfare laws, organised by the district legal service authority at the Bishop Heber College.

“We are nothing but producing unemployable youths. Somewhere down the line, the education system has lost its status of creating good citizens. We are creating engineers who seek peon jobs and MBAs seeking clerical jobs. It is the joint and collective responsibility of all of us to put the education system back on track. I call upon people and institutions like you to devote your attention, time, energy and resources to create good citizens,” he said.

Saying that justice itself would be a mirage and won’t satisfy both the parties, he appealed the people to avoid disputes in the first place by respecting each other and not to endure the pain of going through the lengthy legal process.

“The number of appeals, revision, remedies and tiers of the legal system which India provides is nowhere in the world. The court system in developed countries is not overburdened. India has the most overburdened judiciary. The size of judiciary is one hundredth of what is required now,” he said, adding that mediation would be the best way to resolve a dispute.

“I feel 90% of the problems will be solved through mediation,” justice Vineet said, while appealing with advocates, para-legal volunteers and mediators to guide people through mediation and show them the right path.

On the role of the women in the family, he said, “If a woman wants peace to be maintained in the family, it is peace. If the woman wants it to be in pieces, it is in pieces. Women are the most powerful.”

He also interacted with students and para-legal volunteers during the event. Member secretary of state legal service authority K Rajasekar, district principal judge S Kumaraguru and others spoke.

Supreme Court Monthly Digest- February 2019

Supreme Court Monthly Digest- February 2019: Significant Rulings Minority Status Of Aligarh Muslim University: SC Refers The Matter To Seven Judge Bench The Supreme Court referred to seven-judge bench the issue of determining...

Supreme Court Monthly Digest-January 2019

Supreme Court Monthly Digest-January 2019: Recap of everything that happened in the Supreme Court of India in the first month of the year 2019.

101 MBBS students at loggerheads with BHFUS over fee hike

TNN | Mar 31, 2019, 08.05 AM IST

PATIALA: Around 101 MBBS students of the 2014-15 batch, who had been shifted to the three government medical colleges in Punjab following the shutting down of Chintpurni Medical College and Hospital about two years ago, are now at loggerheads with Baba Farid University of Health Sciences over ‘revision’ of fee.

At that time these students had been shifted to the government medical colleges in Amritsar, Patiala and Faridkot after taking permission from the Medical Council of India. The students deposited an annual fee of Rs 28,350 at the existing rate under government quota. However, the university demanded that they should pay as per the fee structure of government quota in private medical colleges, which was around Rs 1.25 lakh per annum.

As the university held back their roll numbers for delay in depositing the fee in accordance with the government quota in private medical colleges, the parents moved the Punjab and Haryana high court. The court ordered a stay and directed the university to allow the students to take their examinations after depositing Rs 28,350. While the students were allowed to take their final exam, their results were held back by the university in absence of which they will not be able to join their mandatory rotatory internship.

Even as the matter is still pending in the high court, the university on Friday issued a notification asking the students to deposit the fee of Rs 3.32 lakh in order to continue with their internship.

Arun Batra, father of an MBBS student, said last evening they received the notification issued by the university, asking them to deposit the remaining amount of Rs 3.32 lakh (with penalties) or else their wards will not get their final results and they will not able to join their mandatory internship starting on April 1.

He said under the circumstances it has become difficult for many parents to arrange Rs 3.32 lakh. “More shocking is the fact that there is already a stay ordered by the Punjab and Haryana high court, which had directed the university to issue roll numbers to these students so that they can take their exams and there is no break in their curriculum,” he said.

Some other parents said last year the Director Research and Medical Education (DRME) through a letter had directed the colleges to take annual fee as per the government quota. However, now the students have been told that in case they fail to deposit the pending dues, they will not be allowed to continue with their mandatory internship. They further said the sudden notification issued by the authorities had put them in a fix.

Meanwhile, health and family welfare minister Brahm Mohindra said as the matter was sub judice, so he would not be able to comment on the matter. However, he assured that he would have the matter looked into and would ask the authorities to consider the case of these parents sympathetically.

“We are now considerate towards any issue that the students were facing and and I’ll have the matter looked into to find the best possible solution,” Mahindra said.

When these MBBS students were shifted from Chintpurni Medical College and Hospital to other government medical colleges in Punjab they were supposed to pay fee under the government quota. However, the university decided that they should be charged fee under government quota for private colleges. The parents had moved the Punjab and Haryana high court and the matter is still pending there.

Parents are demanding that since the matter is still pending in court, the university should not issue notifications on depositing the entire amount. In case the stalemate continuous the students will lose one year of their course as they will not be able to complete there internship.