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SUPREME COURT OF INDIA
R. K. AGRAWAL, AMITAVA ROY, JJ.
Tanvi Sarwal – Petitioner
Vs.
Central Board of Secondary Education and Ors. – Respondents
WRIT PETITION (Civil) No.298/2015 WITH [W.P.(C)Nos.299/2015, 305/2015 and W.P.(C)No.325/2015]
Decided On : 15-06-2015
Education law – Medical education – Large scale malpractices – Use of unfair means in AIPMT examination 2015 with help of electronic devices for monetary gains – CBSE preparing answer keys on 11.5.2015 – CBSE denying possibility of leak prior to or on 3.5.2015 – 44 beneficiaries identified so far – CBSE contending that result of only the 44 identified beneficiaries be withheld and the entire examination be not scrapped – Petitioners on the other hand demanding scrapping of the entire examination on ground that all beneficiaries have not been and may not be identified – Admission process required to be completed in terms of Mridual Dhar and Priya Gupta – Examination system should be credible informed with guarantee of fairness, transparency authenticity and sanctity – Segregation only of the already 44 identified candidates and withholding their results not the solution – Out of 123 questions of a particular code 102 answers found correct – 358 mobile numbers and at least 300 vests fitted with electronic devices used – In view of this large scale practice, examination cannot be saved even at the risk of disturbing the admission schedule in terms ofMridual Dhar and Priya Gupta – Examination scrapped – CBSE directed to hold fresh examination within four weeks. (Para 8, 9, 14, 16, 17, 19)
(2005) 2 SCC 65; (2012) 7 SCC 433 – Relied upon
Facts of the case:
All these Writ Petitions register a challenge to the All India Pre-Medical and Pre-Dental Entrance Test, 2015 held on 03.5.2015 under the aegis of the Central Board of Secondary Education, New Delhi on the ground to have been irreversibly vitiated by the use of unfair means and malpractices through electronic gadgets and devices facilitating the illegal and unfair access to 90 answer keys during the examination conducted on 03.5.2015 to the beneficiary candidates of such corrupt design at the behest of a syndicate for unlawful gain.
Finding of the Court:
In view of such large scale use of unfair means at the examination, there is no alternative than to scrap the examination.
Result: Petitions allowed.
JUDGMENT
AMITAVA ROY, J.
All these Writ Petitions, analogously heard, register a challenge to the All India Pre-Medical and Pre-Dental Entrance Test, 2015 (hereinafter referred to as Test/Examination) held on 03.5.2015 under the aegis of the Central Board of Secondary Education, New Delhi (for short hereinafter referred to as “CBSE/Board”) having been perceived by the petitioners to have been irreversibly vitiated by the use of unfair means and malpractices through electronic gadgets and devices facilitating the illegal and unfair access to 90 answer keys during the examination conducted on 03.5.2015 to the beneficiary candidates of such corrupt design at the behest of a syndicate for unlawful gain. Whereas the petitioner in W.P.(Civil) No. 325/2015 has introduced himself to be a social activist and a reformer claiming to espouse a public cause, the others registering the impugnment, are the candidates who have taken the examination and apprehend that not only they but also others who are similarly situated and have put in sincere and hard labour would therefore be unfairly out performed by those availing the advantage of the pilfered answer keys provide by a group of operators by misusing the information technology.
2. We have heard the learned counsel for the parties.
3. The skeletal facts outlining the factual conspectus would be briefly narrated so as to better comprehend the issues seeking adjudication.
4. The CBSE had issued an admission notice in the month of November 2014 intimating that the All India Pre-Medical/ Pre-Dental Entrance Test for the Academic Session 2015-16 would be held on 03.5.2015. The examination was to consist of one paper of 180 objective type questions from Physics, Chemistry and Biology (Botany & Zoology) and of duration of three hours from 10.00 a.m. to 1.00 p.m. As a matter of record, the test/examination was to be conducted for 15% All India Quota Seats and was to be governed by the Rules and Regulations in that regard framed by the Ministry of Health and Family Welfare, Govt. of India from time to time. The CBSE has been conducting such examination and declaring the results thereof and thereafter providing the merit list to the Director General of Health Services and the participating States/Universities/Institutions in order to facilitate their counseling/admissions. Some States/Universities/Institutions have also been voluntarily participating in the examination for using the merit list prepared for admission in the Medical/Dental Colleges against seats under their control. Admittedly, the counseling of the successful candidates under 15% quota seats is conducted by the Director General of Health Services (for short also hereafter referred to DGHS) and the counseling for admission to seats for the other participating States/Universities/Institutions is conducted by their respective authorities.
5. As scheduled, the examination was held on 03.5.2015 between 10.00 a.m. to 1.00 p.m. and more than six lakh candidates did take part therein. The examination was held in 1050 centers all over the country. Immediately thereafter on 04.5.2015, news reports started surfacing in many dailies disclosing that 90 answer keys had been transmitted to the candidates during the examination, in consideration of Rs.15 to 20 lakhs and that Rohtak Police had meanwhile arrested 7 persons including 2 doctors and one MBBS student for conspiring to effectuate the said plot. Reference was also made to the disclosures in the investigation, to the effect that the arrested individuals in collusion with others had arranged for supplying vests fitted with SIM card etc. apart from Bluetooth device to facilitate transmission of answer keys through such appliances to the users thereof. It was mentioned, that the same gang had been involved in the leakage of AIIMS Medical Examination in the year 2012 by applying the same modus operandi. Contending that the revelations in the investigation underway, did demonstrate the use of su
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