The Central Bureau of Investigation has virtually pulled out of investigations, for now, into a case of alleged use of fake ST certificates in allotment of medical seats in West Bengal, as the matter awaits further directions from the Supreme Court, which has sought a report on the issue from the state police, sources said.
Before the apex court’s curbs on the execution of the Calcutta High Court direction to initiate a probe, the CBI had registered an FIR and started drawing up a list of officials of West Bengal Medical Counselling Committee whom it intended to question.
The Central probe agency was directed to take up the probe by the Calcutta High Court on the complaint of a student, Ishita Soren, and NGO Aikyatan which claimed 14 of the 52 MBBS admissions were done using fake certificates. The CBI probe, for now, appears to be in limbo.
The FIR registered by the CBI in January on Soren’s application alleged that a large number of ST candidates were allotted seats for different government colleges, though in reality they did not belong to the ST community, but obtained ST certificates from the competent authority either fraudulently or by way of manipulation. The FIR noted that under such circumstances the petitioner lodged a complaint with the Director of Medical Education and Chairman of West Bengal Medical Counselling Committee, against which no proper action was initiated.
The FIR also noted that it is further alleged that the authenticity of ST certificates of a large number of NEET (UG), 2023 qualified candidates who participated as ST category candidates was doubtful. It was alleged that the ST category candidates actually did not belong to ST community and consequently their ST certificates were not valid and since the authority concerned did not take any steps to that effect, the West Bengal Scheduled Tribe Welfare Association also filed a writ application before this Hon’ble Court being WPA 21230 of 2023 which is pending for adjudication.
While directing the CBI to register an FIR, the high court had made some critical observations on the issue. “A large picture of corruption in respect of issuance of certificates of reserved category candidates and use of those for admission in Medical colleges is peeping its head like the tip of an iceberg in this matter. The entire thing for the last three years is to be thoroughly investigated by the CBI as to issuance of reserved category certificates and admission of candidates with such certificates in medical colleges. When a scam is peeping its head, it is the duty of the court to pass appropriate order for a thorough investigation in the matter irrespective of whether the writ petitioner has prayed for a CBI inquiry or not.
In a writ application where a corrupt practice is apparent the prayer or not of a petitioner cannot act as a deterrent in the exercise of a writ court’s jurisdiction. Therefore, even without the prayer of the writ petitioner this court can pass an order for thorough investigation into the matter,” said Justice Abhijit Gangopadhyay in an order delivered just weeks before he resigned from the Calcutta High Court.
An appeal against Justice Gangopadhyay’s order was filed before a division bench of Justices Soumen Sen and Uday Kumar which put brakes on the former’s directions. The sparring between the benches of the High Court had forced the SC to shift to itself all proceedings on the ST certificate scam in medical admissions. Now, the apex court has sought a status report on the current state of investigations by the state police.