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HC displeasure over lack of transparency in Education Deptt

Fayaz Bukhari
Srinagar, Feb 20 : The State High Court has expressed its displeasure over the approach of authorities for bringing the transparency in the Education department and directed the Government to prepare amended draft rules of 2010 and place them before the court on next date.
Hearing a much publicized Public Interest Litigation on irregularities and embezzlement in Elementary Teachers Training Colleges in the State, the HC directed the Commissioner/ Secretary to Education
Department to prepare the proposed amendment to the rules of J&K Education Department 2010 and place the draft rules before the court.
“Therefore, Commissioner/ Secretary is directed to prepare the proposed amendment to the rules of 2010 on or before  6.3.17 and place the draft rules before this court and also to other stake holders for consideration”, Division Bench of Justice Ramalingam Sudhakar and Justice D S Thakur directed.
Court while passing the direction observed that it is constrained to pass this order as none of the authorities have understood the essence of the earlier direction of the court.
Court last year in the month of December after perusal of the status report of the authorities on the issue had asked about modifications required to be incorporated in the rules of 2010, have not been delineated in the status report and had directed the Commissioner/Secretary to Gov-ernment Education Department to file affidavit indicating therein as to what are the proposed modification, which are to be incorporated in the rules of 2010 and which type of administrative orders are required to be passed.
Court had directed the official to file the affidavit before next date of hearing on this issue.
The DB today after perusal of the said direction said the purport of the order dated 21.12.2016 is to direct the Commissioner/Secretary to Government Education Depa-rtment to file affidavit indicating as to what are the proposed modifications which are to be incorporated in the Rules of 2010.
In this regard, a meeting officers including  Chairman, JK BOSE, Directors of School Education Kashmir/Jammu, Secretary JK BOSE, Additional Secretary to Government  Department of Law, Justice and Parliamentary Affairs, PLO School Education department and Director Academics J&K BOSE was scheduled to be convened on 13.2.17.
The DB said that nothing fruitful has happened pursuant to the earlier meetings held. “Therefore, no purpose would be served by having another meeting with stake holders unless draft rules are prepared and circulated to all concerned”, read the order of DB.
As such, court directed the Commissioner/Secretary in case proposed amendment to the rules of J&K Education Department 2010  are not made by March 6 and draft rules not placed  before the court on next date then the officer shall remain present before the court on the next date of hearing.
Meanwhile Inspector General of Police Crime Branch has filed the status report with regard to the investigation carried in multi crore scam and huge bungling in Elementary Teachers Training (ETT) colleges throughout the State and the same has been taken on record and court will consider the same on next date.
Division Bench directed the Crime Branch to inform the court on next date about the steps taken for completing the investigation.
“The IGP Crime Branch will file status report before next date of hearing about the steps taken for completion of investigation in respect of other cases as well”, read the court order.
Crime Branch Jammu has already filed the charge-sheets for the sessions 2003-20005, 2004-20006, 2005-20007 & 2006-2008 in FIR 36/2013 u/s 420(cheating) 468 (forgery for the purpose of cheating), 471(using a forged document), 120-B (criminal conspiracy) RPC read with Section 5(2) of Prevention of Corruption Act 2006 before the Special Judge of Anti-corruption Jammu under four challans.
The investigation in respect of session 2007-2009 has been finalized by CB and charge sheet has been produced before the said court on December 13  last year against 7 promoters of ETT institutes among them Janak Raj Bharti of Jammu Educational Society, promoter of Shankaracharya ETT Institute of Jammu as also against the then Director Academics BOSE Jammu Sheikh Bashir Ahmad.
Crime Branch Jammu has further scrutinized the examination records pertaining to session 2008-2010 which revealed that two batches of ETT courses in 2008-2010 (General) & 2008-2010 (court cases) were started by the BOSE authorities and out of 60 ETT institutes established by the promoters in the said sessions.
“Records in respect of 48 ETT institutes have been scrutinized and examination of records in respect of remaining 12 ETTs is going on. After completion of examination of the records of aforesaid institutes, investigation of session 2008-2010 will be concluded”, IGP’s report read.
It may be mentioned here that the investigation is being conducted in the scam by Crime Branch Kashmir as well as by Crime Branch Jammu in connection of two FIRs registered one at CB Jammu and one at CB Kashmir and court is monitoring the investigation in which till date various revelations has come before the court about the bungling and irregularities in ETT Colleges throughout the state.
In one of the reports, it is alleged that the candidates were lured and amounts, ranging from 45,000 to Rs 80,000 were extracted from each one of them through touts for providing them degrees and certificates by these ETT colleges. Enquiry report further alleged that these institutions were allowed and permitted to run the courses without issuance of NOC from the State Government, which is granted after inspection of these colleges.
As court has already held that insatiable human greed has caused immense damage to our educational system as such the whole country will become nation of block heads, thus making its future dark.
Another report filed before the court also revealed that a mafia in league with BOSE authorities is involved in this huge scandal and almost 480 colleges are operating in the entire State out of which 80 are in Kashmir Division and 320 colleges are in Jammu Division and two FIR have been registered with regard to ETT scam as one in Kashmir and another in Jammu Division.
In one of the communication sent by Chairman BOSE to IGP Crime because of the enquiry report of Joint Secretary BOSE and offence u/s 120-B (Criminal Conspiracy) has been added to the FIRs, which would mean that a conspiracy was allegedly hatched by the BOSE authorities with the owners of ETT institutes resulting into registering of FIR at Crime Branch Srinagar as well as Crime Branch Jammu.
Subsequently various college owners and some board officials have been held guilty during the investigation conducted by Crime Branch and action as per law has been initiated against them and outcome of action taken is being submitted to the court from time to time.


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