12.In respect of 34 candidates, who secured employment under PSTM category, the Vigilance and Anticorruption Department has to conduct further enquiry and initiate appropriate actions. 13.The Tamil Nadu Public Service Commission is directed to transmit all the available records relating to those 34 candidates, who secured selection under PSTM category, to the investigating officials of the Vigilance and Anticorruption Department for the purpose of further investigation. 14.At this juncture, the learned Additional Public Prosecutor submits that necessary permission from the Director of Vigilance and Anticorruption is required under the Vigilance Manual. 15.The Director of Vigilance and Anticorruption is directed to give required permission to the Investigating Officers immediately enabling the Investigating Officials to proceed with the investigation as directed by this Court without causing undue delay. 16.List the matter on 27.11.2023 for further consideration. sd/- 01/11/2023 / TRUE COPY / 03/11/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai – 625 023. TA TO 1 UMA MAHESWARAI THE SECRETARY, TAMIL NADU PUBLIC SERVICE COMMISSION, TNPSC ROAD, PARK TOWN, CHENNAI. 2 THE DIRECTOR OF VIGILANCE AND ANTI CORRUPTION, NO.293, MKM ROAD, ALANDUR, CHENNAI 3 THE REGISTRAR, MADURAI KAMARAJ UNIVERSITY, MADURAI COPY TO : THE DEPUTY SUPERINTENDENT OF POLICE, VIGILANCE AND ANTICORRUPTION, MADURAI. ORDER IN CONT P(MD) No.918 of 2021 in WP(MD) No.8025 of 2020 Date: 01/11/2023 RK (03/11/2023) 9P /5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )
Wednesday, the First day of November Two Thousand and Twenty Three
PRESENT
The Hon`ble Mr.Justice S.M.SUBRAMANIAM and
The Hon`ble Mr.Justice B.PUGALENDHI
CONT P(MD) No.918 of 2021
G.SAKTHI RAO … PETITIONER/PETITIONER Vs
1 UMA MAHESWARAI
THE SECRETARY,
TAMIL NADU PUBLIC SERVICE COMMISSION,
TNPSC ROAD, PARK TOWN, CHENNAI. … CONTEMNOR/3rd RESPONDENT
2 THE DIRECTOR OF VIGILANCE AND ANTI CORRUPTION,
NO.293, MKM ROAD,
ALANDUR, CHENNAI. … 2nd RESPONDENT
(R2 IS SUO MOTU IMPLEADED VIDE ORDER DATED 26.07.2022 IN CONT.P(MD).
918/2021)
3 THE REGISTRAR,
MADURAI KAMARAJ UNIVERSITY, MADURAI … 3rd RESPONDENT
(R3 IS SUO IMPLEADED VIDE COURT ORDER DATED 25.08.2022 IN CONT.P
(MD).918/2021 BY SSSRJ & BPJ)
Contempt Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to punish the respondent for his willful and wanton disobedience of the orders passed by this Honourable Court dated 22.03.2021 made in WP(MD)No.8025 of 2020 under Contempt of Courts Act.
Prayer in WP(MD). 8025/ 2020 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court Pleased to issue a writ order or any other Writ or order or Direction in the nature of a writ of Certiorarified Mandamus calling for the entire records of the 3rd Respondent pertaining to the posts of included in Combined Civil service-I Examination (Group-1 services)-2020 by 3rd respondent notification No.01/2020 dated 20.1.2020 and quash the same as illegal and direct the 3rd respondent to allow only the candidate those who are complete their entire education through i.e 10th Std., 12th std., Degree in tamilmedium to avail PSTM quota. And also directing the 1st respondentframe proper rules for PSTM quota and Respondents University 4 to 13 stop issue PSTM certificates to Distrance education course within the stipulated time period.
ORDER : This contempt petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.G.SAKTHI RAO, Party In Person and of MR.ISSAC MOHANLAL, Senior Counsel for Mr.J.ANANDHA KUMAR, Advocate on behalf of the 1st Respondent and MR.T.SENTHIL KUMAR, , Additional Public Prosecutor for the 2nd Respondent and Mr.T.CIBI CHAKRABORTHY, Advocate for the 3rd Respondent, the court made the following order:-
[Order of the Court was made by S.M.SUBRAMANIAM, J.]
Read this order in continuation of and in conjunction with order dated 16.10.2023.
2.The Deputy Superintendent of Police, Vigilance and Anticorruption, has filed a status report elaborately setting out the progress made during the course of investigation. From that report, shocking revelations are identified, since Madurai Kamaraj University authorities has given contradictory statements, which are all diametrically opposite to each other.
3.The first report of Madurai Kamaraj University reveals that the candidates, who were not admitted to the courses, were issued with certificates. However, the very same Madurai Kamaraj University has given a statement that PSTM certificates issued to the very same candidates are genuine. That apart, several other irregularities are identified by the Investigating Authority and in this regard, stern actions are required. Based on the degrees issued by the University, the candidates have secured public employments and are working in important public posts. The very candidatures of those candidates are highly doubtful and those candidates, who secured public appointments based on the bogus degrees, at no circumstances be spared and they must be prosecuted in the manner known to law.
4.In the status report, the Deputy Superintendent of Police, Vigilance and AntiCorruption, has stated that during investigation, it was found that one
Ms.M.Kalaivani studied at M.K.University, Distance Education and got PSTM
Certificate and thereby, got appointment under PSTM quota for the examination of Group-I Combined Examination for the year 2016-2019 at Chennai. The said Ms.M.Kalaivani was appointed as Deputy Superintendent of Police and underwent training. During the course of training, she got injured and hence, she discontinued the training and thereafter, she got appointment as Deputy Collector during the year 2020 by appearing in the Civil Service Group-I Examination – 2020.
5.In Paragraph No.8 of the status report, the Deputy Superintendent of Police has narrated the entire procedures to be adopted for the admission of students and also for issuance of PSTM Certificates to those candidates at the Directorate of Distance Education.
6.With reference to the above procedures, the Investigating Officer found that there are certain discrepancies in respect of the candidates even in admitting those candidates. On verification, it was found that no document was available in the Finance and Accounts Section for the payment of Registration Fee of Rs.200 on
30.06.2014 either through SBI Account or HDFC Account as found in the Admission Card. But, entries of Rs.5,300/- as Tuition Fees paid on 04.05.2017 and Rs.1,000/- for change of medium paid on 05.05.2017 were found in the Finance and Accounts Section. Further, the following documents were not received from M.K.University:
(i) 3 Foil Cards (LTAM-04, LENG-02 and UHIS-06).
(ii) Answer Sheets – All subjects (18 Subjects).
(iii) Application.
(iv) Attendance Register.
7.Such discrepancies and irregularities are identified in respect of other candidates, namely, Mr.T.Namasivayam, Mr.K.C.Sathish Mr.Kumar, Ms.S.Swapna and Ms.M.Kalaivani etc.,. In all these cases, Madurai Kamaraj University has failed to produce the documents before the Investigating Authority. The documents not produced by Madurai Kamaraj University have been listed out in the status report by the Investigating Officer.
8.In the status report, the Deputy Superintendent of Police has further stated that in view of the lapses on the part of Madurai Kamaraj University, the
investigation is unable to be completed. In this context, this Court has taken a serious view and held that if those documents are not produced by the University to the Investigating Officer, necessary actions are to be initiated. The Investigating Officer, under the Code of Criminal Procedure and Vigilance Manual, is empowered to conduct searches and if necessary, arrest the persons, who all are hiding the documents or refusing to hand over the documents or not cooperating for the investigation to be conducted in the manner known to law.
9.Several instances of irregularities in admission, payment of registration fee, non-production of relevant documents by Madurai Kamaraj University are narrated in the status report and investigation in respect of other 34 candidates are also yet to be progressed.
10.Any lenient view or misplaced sympathy in such matter would result in unconstitutionality. Equal opportunity in public employment is the constitutional mandate. Lakhs and lakhs of youth of our nation are longing to secure public employment through open competitive process on merit. Their fundamental rights are infringed on account of such fraudulent activities in the Universities and by producing bogus and fraudulent certificates for securing public employments. The entire scheme of constitutional appointment will be collapsed, if such illegalities are allowed to continue. It is not as if few candidates have secured public employment by producing fake certificates, but the very functioning of Madurai Kamaraj
University is highly doubtful and the level of irregularities investigated by the
Vigilance and Anticorruption Department, would be sufficient to form a prima facie opinion that several other irregularities and illegalities are carrying out in the administration of Madurai Kamaraj University, which requires serious actions.
11.Since the report of the Deputy Superintendent of Police would be sufficient enough to register a criminal case and prosecute the offenders, by setting the law into motion, we direct the Vigilance and Anticorruption Department to act swiftly and prosecute the offenders and expand the investigation in respect of other candidates, who secured the public employment through other University degrees.
12.In respect of 34 candidates, who secured employment under PSTM category, the Vigilance and Anticorruption Department has to conduct further enquiry and initiate appropriate actions.
13.The Tamil Nadu Public Service Commission is directed to transmit all the available records relating to those 34 candidates, who secured selection under PSTM category, to the investigating officials of the Vigilance and Anticorruption
Department for the purpose of further investigation.
14.At this juncture, the learned Additional Public Prosecutor submits that necessary permission from the Director of Vigilance and Anticorruption is required under the Vigilance Manual.
15.The Director of Vigilance and Anticorruption is directed to give required permission to the Investigating Officers immediately enabling the Investigating Officials to proceed with the investigation as directed by this Court without causing undue delay.
16.List the matter on 27.11.2023 for further consideration.
sd/-
01/11/2023
/ TRUE COPY /
03/11/2023
Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai – 625 023.
TA
TO
1 UMA MAHESWARAI
THE SECRETARY,
TAMIL NADU PUBLIC SERVICE COMMISSION, TNPSC ROAD, PARK TOWN, CHENNAI.
2 THE DIRECTOR OF VIGILANCE AND ANTI CORRUPTION,
NO.293, MKM ROAD, ALANDUR, CHENNAI
3 THE REGISTRAR,
MADURAI KAMARAJ UNIVERSITY, MADURAI
COPY TO :
THE DEPUTY SUPERINTENDENT OF POLICE, VIGILANCE AND ANTICORRUPTION, MADURAI.
ORDER IN
CONT P(MD) No.918 of 2021 in
WP(MD) No.8025 of 2020
Date: 01/11/2023
RK (03/11/2023) 9P /5C
Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023
