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SC issues notice to former Meghalaya minister, two other in teacher recruitment scam

Shillong, Nov 2 (UNI) The Supreme Court has issued notices to former Meghalaya Education Minister Dr Mazel Ampareen Lyngdoh and two retired senior bureaucrats after the Central Bureau of Investigation (CBI) challenged the Meghalaya High Court’s decision to quash criminal proceedings against them in the infamous 2008 lower primary school teachers’ recruitment scam, an official said on Monday.

The notices were issued following a hearing on the CBI’s special leave petition (criminal), which questions the circumstances under which the High Court terminated the trial despite the earlier direction for a CBI investigation into the alleged recruitment irregularities.

The case stems from alleged irregularities in the 2008 recruitment of assistant teachers for lower primary schools across Shillong, Jowai, Amlarem, Tura, and Dadenggre.

The recruitment scandal impacted more than 500 applicants, leading to the disqualification of 246 candidates whose selections were flagged as tainted.

Apart from the former minister, the notices were served to former Director of Elementary and Mass Education J.D. Sangma and former Deputy Director Ameka I. Lyngdoh, who were also accused in the case.

The premier investigating agency questioned why the High Court did not call for the records of the trial court before quashing the FIR and the entire criminal proceedings.
It also raised questions over the High Court’s decision to terminate the trial without considering alternatives, such as directing the lower court to expedite the proceedings or reduce the number of witnesses without compromising the trial.

The charge against Ampareen was that, using her influence as minister, she had furnished slips to the officers preparing the tabulation sheets, directing them to alter the marks.

On September 4, 2024, the Meghalaya High Court, through a single bench headed by then Chief Justice I.P. Mukerji, quashed the criminal proceedings against the three accused shortly before his retirement.

“No document showing interpolation or any application of white ink for erasing the marks is on record. There is no further evidence to link those slips with the charge of manipulation of results,” Chief Justice Mukerji stated.

In its verdict, the High Court held that the prosecution had failed to establish even a prima facie case against the accused. It also expressed concern over the prolonged duration of the trial, observing that the examination of all prosecution witnesses could take up the remaining lifetime of the accused.

The court exercised its powers under Sections 227 and 482 of the Code of Criminal Procedure (CrPC) to set aside the Special Judge (CBI)’s August 23, 2022, order and discharge all three accused.

However, the CBI challenged the High Court's verdict, arguing that its chargesheet was backed by evidence of mark manipulation, including the use of white ink on score sheets.

It further noted that the trial was already actively underway, following the Special CBI Court's rejection of the defendants' discharge pleas in 2022, when the High Court stepped in to quash the case.

An FIR was lodged in 2011, following which the matter was initially investigated by the state police before being transferred to the CBI. The CBI registered its case in 2018 and subsequently filed a chargesheet in June 2020, invoking Sections 120-B (criminal conspiracy), 420 (cheating), 467, 468, and 471 (offences relating to forgery), and 201 (causing disappearance of evidence) of the Indian Penal Code.

The prosecution had initially listed more than 300 witnesses, a number that was subsequently reduced to 181. Only 28 witnesses had been examined when the High Court quashed the proceedings.

The accused had challenged the continuation of the trial, arguing that the prosecution's material did not establish their involvement in the alleged manipulation.
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