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Why cannot CBI take over DMAT scam too like Vyapam ? SC asks MP Govt.

Live Law News Network
14 Aug 2015 10:26 AM GMT
Why cannot CBI take over DMAT scam too like Vyapam ? SC asks MP Govt.
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CBI feels the medical admission scam of bigger magnitude than Vyapam

The Supreme Court took up for hearing on Friday a petition filed by whistleblower Anand Rai through lawyer Prashant Bhushan seeking a CBI probe on the line of Vyapam scam into irregularities in Dental and Medical Admission Test (DMAT) to fill management and government seats in private medical colleges.

A bench of chief justice H L Dattu and justices Arun Mishra and Amitava Roy gave two weeks time to Madhya Pradesh government represented by Attorney General Mukul Rohatgi to make it clear if they are ready to hand over the probe of DMAT scam too to the CBI.

While the CBI said the DMAT scam appeared to be many times larger than the Vyapam scam but expressed inability to take over the investigation due to shortage of manpower, the state government was of the view that the exam was conducted by an association of private colleges and the government had nothing to do with it and did not require to take a decision if it also had to be handed over to the CBI like the sensational Vyapam case.

But when chief justice Dattu said prima facie he was of the opinion that the state should hand over the DMAT case also the CBI, Attorney General Mukul Rohtagi who appeared for the Madhya Pradesh sought more time to take a detailed instruction which was given by the bench.

“If government is conducting or private bodies are conducting every case can be taken over by CBI. We only want to know if the state government is prepeared to hand over it to CBI or not”, CJI Dattu told the AG.

Senior advocate Kapil Sibal and Bhushan appearing for the whistleblowers informed the bench about the magnitude of the scam Dealing with the modus operandi, Bhushan said that seats in private medical colleges are filled up through Vyapam and DMAT.
"The seat distribution in private dental and medical college is in ratio of 42:43:15" for state quota, management quota and NRI quota respectively, his plea said.
While the state quota of 42 per cent is filled through Vyapam which is already part of the CBI probe, the management seats are filled up through DMAT conducted by the Association of Private Dental and Medical Colleges (APDMC).
Unscrupulous students of medical colleges sit in DMAT to help others in consideration of money and later, give up their seats at the last moment as they are already studying in one or the other medical colleges, Sibal said.
The seats vacated by the "racketeer students are filled up illegally by private medical colleges," he said.
Meanwhile in an affidavit filed in the court  CBI said around 27 per cent posts from inspector to additional SP level in the agency are vacant and it was impossible for it to take over the new cases as it was already overburdened with Vyapam and chit fund scam cases.
"The DMAT scam as highlighted by the petitioners, purportedly started from 2009 and ever year thousands of students have been admitted in private dental and medical colleges against the management quota. Hence in its scope and depth, the DMAT scam appears to be many times more than the Vyapam scam," the affidavit said.
In its reply, CBI said the apex court should not accept the plea for a probe by the agency in the case. "It is humbly submitted that the CBI is finding it extremely hard and almost impossible to cope with the extent of cases already being investigated, including Vyapam scam cases, due to scarcity of resources particularly human resources. Apart from the Vyapam cases, the CBI is already investigating more than 1000 cases related to chit fund scam in several states," it said.
"In CBI investigation is normally conducted by the officers of the rank of inspector to additional SP whose sanctioned strength is 1264 only and out of them 348 posts are presently vacant," it said.
There are 15 private dental colleges and six private medical colleges in Madhya Pradesh with approximately 2,800 seats for which the Association for Private Medical and Dental Colleges (APDMC) conducts DMAT every year. Forty-two per cent seats are for the state quota, 43% for management quota and the remaining 15% for NRIs.
The petitioners contended that almost all admissions to 58% seats (43% management quota and 15% NRI quota) under DMAT were rigged. They said admissions under 42% state quota were also rigged by using scorers.

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