New Delhi [India], June 26 : The Supreme Court on Monday stayed Allahabad High Court's Lucknow bench order which directed CBI's probe into the allegations of malpractices in the admission process for various courses in the Ayush department in 2019.
A vacation bench of justices Dipankar Datta and Manoj Misra also issued notice to the respondent on the petition and stayed the HC order relating to the CBI probe into Ayush Medical admission irregularities matter.
Uttar Pradesh government has moved the Supreme Court challenging Allahabad High Court's Lucknow bench order which ordered CBI's probe into the matter.
In the plea filed through advocate Ruchira Goel, the UP govt has challenged the direction on the ground that the High Court had transgressed its jurisdiction as Bail court - under sections 439 CrPC, its jurisdiction is limited to grant/denial of bail - it cannot decide to exercise alleged Art. 226 inherent powers. UP Govt also said that even otherwise, no case is made out for CBI inquiry - State STF is investigating, one chargesheet is filed, cognizance taken against 15 accused, supplementary chargesheet about to be filed, etc
Additional Solicitor General KM Nataraj questioned how a CBI investigation could be ordered when the High Court was dealing with a bail matter. Uttar Pradesh Government has not taken exception to the order granting bail to one of the accused but challenged the portion of the order which directs CBI investigation into the matter.
Allahabad High Court had passed the order while allowing the bail plea of Dr Ritu Garg.
The Uttar Pradesh Special Task Force (UPSTF) is currently probing the Ayush admission scam and recently arrested Ritu Garg, the Director of Santushti Ayurvedic Medical College in Mirzapur.
Garg has been arrested for allegedly facilitating the admission of undeserving candidates by forging the NEET merit list in connivance with former Ayurveda director SN Singh and counselling incharge Umakant Yadav.
In the Ayush scam case, in November 2022, anomalies were flagged by the Union Ministry of Ayush in the admission of undergraduate students to the state's government and private ayurvedic, unani and homoeopathy colleges. The probe revealed that 932 students were admitted without following the natural order of merit.
STF has already filed a charge sheet against Prof Dr SN Singh, former Director Ayurveda Services - Member Secretary, Counseling, Principal and Superintendent, and Umakant Yadav, Officer-in-Charge, Directorate of Education, Ayurveda Services, the original post, Professor Government Ayurveda Medical College and were also suspended in November.
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