Shimla, April 4
The Himachal Pradesh High Court was forced to lower the minimum passing marks for qualifying the examination for recruitment to the state higher judicial services for advocates as eligible candidates were not able to achieve the prescribed standards.

This information was provided under the Right to Information (RTI) Act by appellate authority at the high court level, Dharma Chand Chaudhary, on the appeal filed by RTI activist Dev Ashish Bhattacharya.

The state public information officer (SPIO) had, in response to his original application, provided only partial information. His reply to the query seeking reasons for having different criteria for in-service judges and advocates for recruitment to the same post was that “no such information is available”.

In his order, Chaudhary had observed “the procedure adopted by the SPIO is unknown to law for the reason that under the Act, the duty is entrusted upon him to disclose the information to the applicant if the same is available and, if not, to reject the prayer”. He further said “it is, thus, a case of non-application of mind as the SPIO has not made an effort to ascertain as to whether the requisite information was available with the registry or not”.

Providing the information sought in the original application, he had stated that “the only reason for reducing the marks for the advocate category was non-availability of suitable candidates and nothing else”.

Initially, same qualifying criteria was prescribed for appointment to the cadre of district judges and additional district judges for both in-service judges under direct recruitment as per which a candidate was required to obtain a minimum of 60 per cent marks in each individual paper and an aggregate of 66 per cent marks in all papers put together. However, in March 2009, the regulations were amended to lower the minimum qualifying marks for advocates from 60 to 50 per cent in individual papers and from 66 to 55 per cent in the aggregate. No such relaxation was granted to in-service candidates.

Bhattacharya feels that instead of lowering the qualifying marks for advocates, the quota of in-service judges should be enhanced as it was important that the best brains were inducted into the judicial services for delivery of justice. If suitable candidates were not available from amongst the advocates, it would be appropriate to fill the posts from in-service candidates, he added. 

Shimla, April 4
After following populist policies and presenting please-all Budget year after year, the state government has been finally forced to take measures to raise resources.

That the state has been wanting in mobilising resources has been evident from the fact that the tax-to-GSDP (Gross State Domestic Product) ratio was a dismal 6.23 per cent and, in contrast, fiscal deficit had reached the unsustainable level at 5.41 per cent of the GSDP. Imposition of the entry tax, which will help mop up additional resources to the tune of Rs 50 crore, is, thus, a step in the right direction. It will not only improve the tax-to-GSDP appreciably, but also send across the message that the days of populist budgets are over. More importantly, it will discourage bulk users from getting their requirement from outside the state and local dealers will be the gainers.

The amount being raised is small but in a state with a population of little over 60 lakh, the per capita burden in very high. It is for this reason that the government has opted for a painless option. It has spared the common man and the local dealers from any additional burden and, instead, imposed the new tax on specified items like diesel, furnace oil, lubricants, cement and steel, brought into to the state in bulk for use in hydroelectric projects, and other turnkey projects.

There will no double taxation of items on which VAT is paid, except pan masala and gutka with tobacco, cigar, beedi and tobacco-refuse which are harmful for health. Entry tax will be charged at the rate of 7 per cent on diesel, furnace oil and lubricants, 4 per cent on pan masala, gutka containing tobacco, cigars, cheroots, cigarettes, tobacco-refuse and other manufactured tobacco products, 5 per cent on explosives, cement and goods used in work contracts, including hydro power and thermal power projects, generation, transmission and distribution projects, telecommunication and all other turnkey projects being executed by private and government agencies in the state.

There will be no entry tax on life saving commodities, agriculture and horticulture items, sugar and other day-to-day items. The tax will have to be paid at inter-state tax barriers and administered on the lines of VAT. No additional expenditure will be involved as the new Act will be enforced by the existing government machinery.

Solan, April 4
Zila parishad chairman Ramkumar Chawdhary finally sought anticipatory bail from the fast-tract court last evening. He presented himself before the police today for interrogation as charges of cross firing had been traded between the RTO and Chawdhary recently at Jagatkhana bridge, near Nalagarh.

The Nalagarh SDPO said Chawdhary was questioned for several hours in the daylong interrogation where he had denied the use of firearms. He told the police that since he had gone on the Himachal-Punjab border area he was not carrying his licenced revolver. The police had, however, directed him to deposit his arms for their ballistic examination, which would prove whether it had been used to fire on March 30.

Police sources, however, disclosed that as per evidence available after interrogating the RTO’s staff and other witnesses it had been learnt that Chawdhary did not fire on that night. This would, however, be corroborated after ballistic examination of his arms.

The police was clueless about the whereabouts of five BJP activists, including Ranjeet, Abu, Arun, Jitender and Kuldeep, against whom case under Sections 336, 356, 506, 34 and 307 of the IPC and Section 25/54 of the Arms Act had been registered by Chawdhary.

Sujanpur Tihra (Hamirpur), April 4
Chairman of the Punjab Institute of Medical Sciences and an NRI Surjeet Singh Rakhda, who was the chief guest at a function here, announced to provide free treatment to sponsored patients of this region at his medical institute in Jalandhar.

Addressing a gathering here today in a function organised by Sarvklaynkari organisation, Rakhda said, “All patients sent to our institute through this organisation will be provided best treatment for all ailments, including bypass surgeries, free of cost.”

He also promised to sponsor meritorious students for higher studies at Wisconsin University of the US by getting them admissions and scholarships there.

He also appreciated the development works carried out by the government in the state and also lauded the works done to promote sports and philanthropic activities being undertaken by the organisation.

Earlier, addressing the gathering, Hamirpur MP Anurag Thakur lauded activities of the organisation for the needy and poor people.

Talking about the development in the field of education carried by the state, Thakur said, “The government has been trying to provide employment and has appointed 18,000 teachers and 1,000 school principals in the state.”

He said, “The state government has opened several professional institutes like the hotel management institute, central university and medical colleges for the benefit of students.”

President of Sarvaklayankari organisation Rajinder Rana welcomed the guests and also detailed the activities undertaken by the organisation. 

Solan, April 4
The grant of clean chit to Shimla MP Virender Kashyap in the CD case in which he was alleged to have accepted about Rs 50,000 in a sting operation in April 2009, has drawn flak from the opposition Congress which has dubbed it as an attempt to shield the corrupt.

While the inquiry which was conducted by the state government, a copy of which is available with The Tribune, has conveniently pointed that he did not demand the money, there was no mention of BJP leader Tirath Ram who had claimed to have lost the cash a day later. It appeared to be a clear attempt to save the MP who had earned the ignominy of corruption even before being elected or declared a party candidate.

According to the report, one Devvrat, who worked with TV 24 News Channel at that time and had conducted the sting operation along with one Nisha Kumari, the operation had been planned at Parwanoo by Mukesh Goel, who was then the director of the channel.

Devvrat was handed over a fictitious report of an engineering college at Solan for which favours were to be sought from Kashyap.

The duo waited at Paragon hotel for the arrival of Kashyap till evening on April 17 and the file was shown to him after his arrival. Kashyap promised the necessary help and Devvrat offered him donation in the form of party fund though the MP neither demanded it nor accepted it. This amount, according to the report, was left on the table and not handed over to the MP which was contradictory to the video CD.

The report further states that Rs 50,000 had been handed over to the two reporters by Mukesh Goel at Parwanoo. According to the report, it was a guest, Swaroop Thakur, who spotted the cash wrapped in the newspaper which was brought to the notice of the MP who later contacted the police as it appeared to be the lost property.

The chinks in the report, including the claim made by the BJP leader a day after the sting operation that it was his missing cash, and the manner in which the MP was shown actually accepting the cash and then placing it in the vehicle, are contradictory to the report and proved how it was framed to conveniently bypass him.

Moreover, the report states that the sting was conducted on April 17 while he was declared the candidate for parliamentary polls two days later proved that it was not a case of cheating or illegal inducement.

Dharamsala, April 4
Despite clear directions from the education department, Dharamsala Government College has allowed its campus to be used as examination centre for an illegal out-of-state university.

After directions from the Supreme Court, the UGC last year wrote to all state governments that state universities could operate only in their respective jurisdiction.

After the letter from the UGC, the Education Secretary had written to respective deputy commissioners not to allow off-shore campus of out-of-state universities in their respective jurisdiction.

The motive of the communication was to save students from exploitation at the hands of those running off-campus centres of such universities.

However, the orders of the education department seems to have been overlooked by the respective authorities. According to sources, MBA examination of out-of-state university is scheduled at Dharamsala Government College from April 7. As per directions of the UGC, state universities that have not been authorised to run distance education programmes, can just hold examinations in their respective centres.

By allowing holding of examination at the government college, the authorities were providing credence to the illegal operation of duping state students.

One such affected student, while talking to The Tribune, alleged that since the examinations were being held at the government college, it illustrated the fact that government authorities were hand in glove with those running illegal off-campus centres of out-of-state universities.

College authorities, when contacted, revealed that the permission to hold examination on the campus was given by the former principal. Since presently there was no principal in the college, nobody was ready to comment on the issue.

Inquiry by The Tribune revealed that students, who are scheduled to appear for the examination of the private university in question, had paid a fee of over Rs 2 lakh for the MBA course. However, now they have come to know that the degree given to them was not valid. They cannot get any government job on the basis of the degree. At the time of admission, the students were promised 100 per cent placement. However, since the matter has been exposed, the off-campus is winding up, leaving the students in the lurch.

Hamirpur, April 4
While main office-bearers of the HP State NGO Federation are involved in one-upmanship resulting into postponement of joint consultative committee (JCC) meeting with the government, a large number of employees are dismayed at this.

The scheduled JCC meting which was fixed for March 25 had been reportedly postponed by the government as leaders of the NGO federation failed to settle their organisational row.

Rival factions led by state president Prem Singh Bharmoria and general secretary Surender Thakur, both are considered close to the ruling BJP, had joined hands after an agreement reached in December, 2008, as a result of which the latter was appointed as general secretary.

According to the agreement, Bharmoria was given free hand to maintain his men in the organisation in eight districts, while Thakur was to elect his men in other four districts.

Though on surface all seemed well, differences continued pertaining to leadership in the district and after the announcement of JCC meeting these differences became sharp over claims for representation in the JCC.

Blaming the other faction for postponement of JCC meeting, PS Bharmoria said, “There is no dispute about nominating office-bearers for these meetings since the NGO federation has set principle; but the interests of white-collar employees and trade union workers definitely varies.”

On the other hand, general secretary Surender Thakur said, “As per agreement, leaders elected in four districts by me were to be given recognition and nominated at district-level JCCs and we had to seek postponement of the JCC meeting when this agreement was not complied.”

“As per the constitution of the federation, any state government employee even a daily wager can seek affiliation with the federation and interests of every sections are to be protected and I will continue to fight for these issues within the federation,” he said.

Though efforts are on to bring the two leaders together before the next JCC meeting scheduled for April 23, the common employees are not happy with ongoing developments as their long-pending grievances are getting sidelined due to these differences.

Shimla, April 4
The government has decided to implement MNREGA in the hill state on a massive scale to ensure that its benefits reached the maximum number of people. Stating this while presiding over the meeting of the Thadi panchayat in the Mashobra block, Rural Development Minister Jai Ram Thakur said the government proposed to spend Rs 900 crore under the employment guarantee programme during the current year as against Rs 550 crore spent last year.

He said meetings were organised in all 3,243 gram panchayats to approve development schemes and resolve local issues. The objective was to strengthen democratic institutions at the grassroots.

Panchayati Raj institutions were being entrusted greater responsibilities and there was a need to ensure that they functioned effectively and played a key role to make decentralised planning a reality, he added.

Proposal would be send under the crop-protection programme to ensure at least 150 days of employment under MNREGA. Resource centres would be set up in every panchayat so that they did not face problems in performing the assigned functions, he said.

Health related activities would also be started through panchayats for which each of them would be provided Rs 10,000 to start with. He also announced Rs 3 lakh for various development schemes at Thadi panchayat and provided Rs 20,000 for purchase of furniture and other required items.

Solan, April 4
The Pollution Control Board has unearthed 37 cases of bogus units which tried to evade authorities to get consent to operate after furnishing erroneous affidavits giving false declarations in various industrial areas of the state.

The attempt to cheat the authorities came to light when officials of the board paid a field visit to inspect the site prior to grant of consent to operate.

Officials in the board disclosed that since there was an influx of hundreds of new units last month, who wanted to come into operation before March 31, so as to become eligible to gain benefits of the central industrial package scores of such cases had come to the fore. Though the board as a facilitation measure had decided to grant concurrent grant of consent to establish and consent to operate, a section of investors tried to hoodwink the authorities.

“As per a compiled report prepared by the board, 19 such units have come to the fore in the Baddi-Barotiwala-Nalagarh area, eight in Poanta area, one each and Una and Kangra and 10 in the Parwanoo industrial area. The government has been apprised about these cases and action as per laid norms will be initiated against those filing erroneous affidavits,” disclosed Dr Nagin Nanda, member secretary of the board.

In one of the glaring cases, a unit, Design Edge, which was proposed to be set up at Mauja Kotla in Baddi with an investment of Rs 18 crore, had submitted a false affidavit stating that the unit was complete where all machinery and requisite pollution control devices had been installed on the date of applying for the permission on March 22. The affidavit had been signed by the unit’s director Ravinder Singh Virdi. The consultant who had been engaged to get the codal formalities completed, had furnished a visiting card where he was shown to be the chairman of the PHD Chambers of Commerce and Industry so as to prevail upon the officials. After being refused the consent to operate, an application was put up for consent to establish on March 31.

The officials of the board said the Baddi-based consultant not only tried to browbeat the officials but also pressurised them to grant him the due NOC without any field visit.

The field visit had, however, unearthed the truth and the board officials had taken pictures of the site where apart from a semi-complete building and two idle machinery nothing existed. The case had been referred to the member secretary for appropriate action.

Press secretary of the Nalagarh Industries Association Anil Sharma said they would blacklist the said consultant, Pradeep Garg, as such practices vitiated the professional ambience.