MAT revokes suspension of accused in MBBS paper leak case

Counsel for the petitioner, S R Barlinge, argued the transfer order indicated the State Government clearly wanted Gosawi to resume work bytaking up the Nagpur posting. “If the State Government intends that she resume work, how can she continue to be placed under suspension,” her counsel asked. The tribunal last week upheld the argument and revoked Gosawi’s suspension. Gosawi was chief controller of examinations at Ambejogai when she was accused of leaking question papers on November 18, 1997. The Latur police arrested her on November 26. Police sent an officer incognito to Gosawi’s residence, where the professor offered him a set of question papers provided he was willing to pay for it. Gosawi was suspended on December 18 by the dean of the Ambejogai Medical College, Dr S Kauthekar, under Rule 4 of the Maharashtra Civil Service Discipline and Appeal Rules, 1979, for being behind bars for more than 48 hours on criminal charges. An inquiry was also instituted under the dean of the university’s faculty of medicine, Dr Ramdas Amulgekar, two days later.

The issued rocked all five medical universities in Marathwada and also found an echo in theLegislative Assembly, where Deputy Chief Minister Gopinath Munde, announced an inquiry by the Criminal Investigation Department (CID). On December 30, the Government ordered that Gosawi be tranfserred to Nagpur.

However, the CID inquiry was a non-starter and the Latur rural police filed a chargesheet under Sections 6 and 7 of the Maharashtra Prevention of Malpratices at University and Board and other Specified Examinations Act, 1982 in May 1998. Challenging her suspension before MAT, Gosawi said the Government had failed to initiate a departmental inquiry six months after the incident. She also claimed that Dr Kauthakar, who was not yet confirmed in his post, feared that she could be a hurdle in his confirmation. Basing her arguments on the committee members’ statements reported in the newspapers as she was denied an official copy of the report, Goswai said the committee had concluded that there had been no leak, that there was no need for a re-examination and that the examination results may be declared.Reacting to the MAT verdict, Dr Kauthankar told The Indian Express: “It is sad that a person habituated to wrongdoings will be back on campus. It will be the good students who will suffer.”

Vice-Chancellor of the Dr Babasaheb Ambedkar Marathwada University, Dr Shivraj Nakade, says the issue had sparked heated debates at various university fora like the Board of Studies, Management Council and student groups. It was in keeping with this sentiment that the university had asked the Latur police to expedite the investigation. “However, now that a chargesheet had been filed against Gosawi, there is little the university can do in the case,” he says.