2016 Haryana Fake Students Scam | CBI Cannot Insist Govt To Depute Any Particular Officer To Assist In Probe: High Court

The Punjab and Haryana High Court has made it clear that Central Bureau of Investigation (CBI) cannot insist the Haryana Government for deputing of a particular officer for helping the CBI in the investigation.

Citing shortage of manpower, the CBI had moved an application before the High Court seeking directions to Haryana Government and DGP for providing police officers on deputation to probe the alleged 2016 Fake Student Scam.

Chief Justice Sheel Nagu and Justice Jagmohan Bansal said, "this Court would like to make it clear that the CBI cannot insist the State of Haryana for deputing a particular officer for helping the CBI in the investigation. The discretion to decide as to which officer is to be deputed and sent to assist the CBI lies within the exclusive domain of the State of Haryana."

While listing the matter for July 22, the bench asked the counsel for CBI to supply copies for the applications filed to the State counsel, "who is directed to seek instructions and respond on the next date of hearing," it added.

Background 

In 2016, the High Court had found that the data of 4 lakh students shown by the Haryana Government in schools was "fake" and guest teachers were recruited by showing those students on record. In 2019, the matter was handed over to CBI to investigate within a period of three months.

Recently, a division bench of Justice Sanjeev Prakash Sharma and Justice Sudeepti Sharma sought for status report and directed that, "a responsible officer, who was conducting investigation shall remain present in the Court on the adjourned date."

In 2016, while hearing plea challenging the appointment of guest teachers in government schools in Haryana, the High Court found that as against enrolment of 22 lakh students in Government Schools in different classes, in fact, 18 lakh students were found. "4,00,000 fake admissions were made."

The division Bench opined that since 4 lakh admissions were found to be fake that would directly mean that whatever assessment had been made by the State for recruitment of teachers even after rationalization was not correct.

It directed for conducting an enquiry and the State was asked to appoint Senior officer for the said purpose to look into the syphoning of funds to the various schools for non-existent 4 lakh students.

In terms of the above directions, the State did not submit its appropriate response, whereafter the High Court in 2019, ultimately directed the SIT to handover the documents of FIR to Superintendent of Police, CBI, Chandigarh.

After the High Court sought status report in the matter, nearly after five years the CBI reportedly has now registered an FIR in the matter.

Citing shortage of manpower, the CBI has moved an application before the High Court seeking directions to Haryana Govt. and DGP for providing police officers on deputation to probe the alleged scam.

Adding that CBI has taken up the investigation in the matter, the plea stated, “the resources of CBI are limited and agency will put its own trained manpower to investigate the present case as per the Standard Operation Procedures (SOPs) creating a major shortfall of personnel which would impact the efficient functioning of the organization.”

The CBI moved Apex Court claiming that the investigation may require huge manpower and the probe should be given to the Haryana police instead, however the plea was dismissed in 2023.

The matter is listed on July 22, for further consideration.

Click here to read/download the order