Jharkhand may witness a more complicated students’ movement

September 15 may witness another milestone in High Court

By Dr. Gyan Pathak

Jharkhand has just witnessed a multi group agitation of students, which ended on August 18 with an agreement reached between student leaders and the state government, and Devendra Nath Mahto ended his 16 days hunger strike. Jharkhand government, as per the agreement reached, notified cancellation of 22 recruitment examinations on August 19 and ordered investigation into 23 other alleged irregularities. However, on August 20, Jharkhand High Court stayed the government’s cancellation of appointments connected with the 11th and 13th JPSC examinations and food safety officers’ appointments.

Agitating students are now feeling cheated, and have threatened the next phase of agitation, if the government does not act within the 60 days window agreed upon during negotiations. The students whose appointments have been cancelled are also preparing for a long battle to protect their appointments. They have already initiated legal battle in the High Court. Justice Deepak Roshan has stayed the decision of the government to cancel the recruitments and asked the government to file its reply and put the matter for further hearing on September 15, and the decision on that day may be a milestone.

During the hearing Justice Roshan had orally remarked that since the State government itself has ordered CID to investigate the entire matter, no one can be removed from a permanent job without adhering to the principle of natural justice. The court inquired if there was any fact-finding report regarding the issue and asked if government can cancel regular appointment by simply issuing and order. Obviously, due process was not followed for cancellation of exams and appointments.

The opposition and student leaders think it to be a conspiracy of the Jharkhand government just to see the agitation ends. Leader of Opposition and BJP leader Babulal Marandi said that the government intentionally did not follow the due process so that its order might not stand judicial scrutiny in the High Court. He called it political conspiracy thatched by Congress leader Rahul Gandhi and Chief Minister Shibu Soren, who are ally in the state, just to quell the student agitation. That is why they demanded a CBI inquiry.

JPSC-JSSC Reform Manch leader Kunal Pratap Singh has said that they were cheated. He said that when the matter was being heard in the High Court, the Advocate General representing the state did not even appear. No senior advocate was present, and the lawyer representing the state did not utter a word. It shows that the government’s decision and the negotiation was just a trap to end the protest.

Jharkhand Students agitation was peculiar in the sense that there were many agitating groups. JPSC-JSSC Reform Manch was one of them, the principal organisational banner under which agitation was launched on July 25 at Jaipal Singh Stadium in Ranch. It demanded even cancellation of 14th JPSC PT exam among other allegedly compromised examinations. Their demand also included independent investigation by CBI or retired judges from outside Jharkhand.

However, Devendra Nath Mahto’s group was the most visible during escalation of the agitation, because of his hunger strike. He is associated with Jharkhand Loktantrik Krantikary Morch (JLKM), a new political party of the state.

There was also Jairam Mahto, who is popularly known as the “Tiger Mahot” camp. By the second week of August, students of this group were seen very active, and they had differences with the JPSC-JSSC Reform Manch, including in representation and negotiations.

Then there were other independent groups of General JPSC and JSSC aspirants and recruitment exams candidates. They were not formally organised but were protesting and organising demonstrations.

There were political supports like BJP and is students wing ABVP. They have their own agenda and wanted to highlight the agitation much more than Cockroach Janata Party (CJP) protest in Delhi against PM Narendra Modi led BJP government.

The protest actually began with allegations of anomalies in the result of 14th JPSC PT result declared on July 2. Formal mobilisation of students against exam irregularities began by July 5, and on July 7 representatives of students met governor. Next day, the capital Ranchi witnessed protest rallies and effigy burning. Student leaders met CM Hemant Soren on July 20, and sit-in protest started on July 25 at Jaipal Singh Stadium.

Politically and administratively, the agitation achieved a significant result on August 18. The government accepted the basic argument that serious irregularities required investigation rather than business as usual. The government notified cancellation and investigation orders.

Nevertheless, High Court’s immediate concern was natural justice and due process. After the stay order by the High Court, situation has become complicated, in the sense that the government will have to justify its orders on the next date of hearing on September 15. The issues involved are many, such as what are the proven irregularities and their links to cancelled examinations and recruitments thereafter. Why the stat can’t identify and punish tainted candidates and officials only rather than punishing all by cancelling all exams and recruitments.

No wonder August 20 order of the High Court has been reported by a section of media as the beginning of a “new fight” rather than the end of the students agitation. There are several possible scenarios now. If government fails to establish sufficient ground for its cancellation order, it may be quashed, and a fresh student agitation may begin.

Whether cancellation process was defective, or there were serious irregularities in the conduct of examination, or both, will be ascertained on the investigation report of the CID, who is currently investigating the matter. One of the demands of the students was that it should be investigated by CBI, which state has been resisting from the beginning, and has ordered CID investigation. Hence CID’s investigation report will be crucial for the hearing on September 15. CM Soren has indicated that “many shocking facts are emerging” form CID investigation. (IPA Service)