A division bench of the Allahabad High Court on Tuesday stayed the single judge order by which he had directed the CBI to conduct a preliminary inquiry into the setting up of examination centres by the Madhyamik Siksha Parishad (MSP) at some blacklisted institutions. These centers were set up for the UP Board examination 2007 conducted by the parishad.
It was alleged that the parishad had again made centres at the institutions, which were blacklisted for three years by the examination committee on charges of irregularities during examinations.
The order was passed by a division bench comprising justices Syed Rafat Alam and Rakesh Sharma on a special appeal filed by the state government through the secretary, Ministry of Secondary Education, Lucknow and two others.
Appearing on behalf of the State, advocate general SMA Kazmi, assisted by chief standing counsel, CB Yadav, argued that appointing the CBI for an enquiry without the sanction of the state government, as required under Section 6 of the Delhi Police Establishment Act, 1946, was not permissible, especially in view of the fact that the validity of such order was under scrutiny by a Constitution bench of the Supreme Court on a reference made on March 21, 2007.
Kazmi supported his argument with a full bench decision given by the Allahabad High Court on April 5, 2007, wherein it had been held that once a subject had already engaged attention of the superior bench, judicial propriety demanded that the issue should be deferred till the decision of the superior bench.
In addition to this, the special appeal raised several grounds including propriety of the order in the teeth of the reality that in pursuance of the earlier order, passed by the high court, the UP chief secretary had already submitted his report related to the issue and the action in pursuance of his report had already been initiated by the state government.