Staff Selection Commission chairman Ashim Khurana, whose resignation was demanded by students due to alleged paper leaks last year, was given an extension of tenure through a retrospective amendment of rules. The extension was approved by Prime Minister Narendra Modi despite multiple written objections from the Law Ministry and the Union Public Service Commission, recent replies to RTI queries show.
The PM’s noting on the file was withheld from the RTI applicant on the grounds that it is confidential.
Sharing the RTI documents in a press briefing on Monday, Yuva Halla Bol leader Anupam alleged that “by extending Mr. Khurana’s tenure illegally and unconstitutionally, the PM is granting patronage to corruption in the nation’s largest recruitment agency.”
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Mr. Khurana did not respond to
“The CBI investigation into the paper leaks is still not complete, and thousands of students are jobless, but the PM is only keen to protect the job of Mr. Khurana,” said Kanhaiya Kumar, a 23-year old from Bihar’s Vaishali district who filed the RTI requests.
He was among almost 1.9 lakh young people who attempted the second round of the Combined Graduate Level examination conducted by the SSC last February to fill just over 9,000 vacancies. Alleged paper leaking and mass cheating resulted in the exam being suspended and aspirants protesting on the streets.
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Despite demands for his removal, Mr. Khurana, a Gujarat cadre IAS officer, completed his term and retired on May 12 at age 62. On May 14, the Appointments Committee of Cabinet, which includes Mr. Modi and Home Minister Rajnath Singh, gave Mr. Khurana a one year extension of his tenure and amended the SSC rules to extend the upper age limit for the Chair’s post to 65 years.
The DoPT then proposed that this amendment be applied retrospectively “to regularise the extension granted to the present incumbent,” official documents released through RTI show. The Prime Minister’s noting on the file, which could not go ahead without his approval, was not released to the RTI applicant as it was “confidential.”
The UPSC noted that it could not approve retrospective amendments except in response to a court order, and advised that the Law Ministry be consulted.
In multiple notes in August 2018, Law Ministry officials advised that a retrospective application of the amendment to benefit the existing officer would be “in contravention of…the principle of equality enshrined in the Constitution.” It added that it does not agree to “the irregularity which is being implanted in the rule and intends to perpetuate irregularity.”
The Attorney General then gave his opinion that the amendment could be approved, but stipulated that “his opinion may not be produced before the tribunal/court and the case may be defended on its own merit.”
“What is the PM’s involvement in pursuing this appointment when lakhs of youth are protesting unemployment?” asked Swaraj India president Yogendra Yadav. “The apprehension is that corruption is being covered up. If the PM does not respond, we will have to conclude that the reason is loyalty to a secret coterie of Gujarat cadre officers.”