HC stays CBI probe against UP Board

Allahabad, Apr 17 (UNI) Allahabad High Court today stayed the order of CBI inquiry ordered against Madhyamik Shiksha Parishad by a single judge of the HC.

A bench comprising Justices S R Alam and Rakesh Sharma passed this order.

On April 6, 2007, the single judge had passed an order for CBI probe against the Parishad, since there were serious allegations of uncalled favours being shown in the establishment of examination centres.

The allegations against the Parishad was that the institutions that were blacklisted for three years, under the orders of the examination committee on charges of serious irregularities during examinations, had again been made centres by its examination committee.

Directing for the CBI inquiry, the judge had observed ''such actions of the officers bring disrepute to the public examinations and raise question on the fairness of such examinations.'' Today's order was passed on a special appeal filed against the single judge order by the state of Uttar Pradesh through Secretary Ministry of secondary education, Lucknow and two others.

Appearing for UP, advocate general S M A Kazmi and C B Yadav, Chief Standing Counsel had argued that the appointment of CBI inqiry without the sanction of the state government as required under section 6 of the Delhi Police Establishment Act, 1946 is not permissible especially in view of the fact that the validity of such order is under scrutiny by a constitution bench of the SC on a reference made on March 21, 2007.

The advocate general also supported his argument in view of the full bench decision delivered on April 5, 2007, wherein it had been held by the full bench that once a subject has already engaged attention of the superior bench, the judicial propriety demands the issue be differed till the decision of the superior bench.

The UP chief secretary had already submitted his report and the action in persuance to his report had already been initiated by the state government.

UNI