Cancellation of an examination should be based on a prima facie case showing that examinees benefited from the leakage of the question paper. Bald and vague allegations without evidence are insufficient to cancel an examination. The court will not transfer an investigation to the CBI without sufficient grounds.

JUDGMENT :

ARIJIT BANERJEE, J.

1. The entire process of Teacher Eligibility Test, 2014 (in short TET, 2014) is under challenge in the present writ petition.

2. The case of the petitioner in short is that he appeared for the TET 2014 on 11th October, 2015. After he came out of the examination centre, he was told by his close friends that different electronic media channels including ABP Ananda had reported that the question paper of TET 2014 had leaked out two hours before the scheduled time of commencement of the examination. The learned Senior Counsel referred to various newspaper reports and submitted that according to those reports at least two and a half hours before the commencement of the examination the question paper had leaked out. Hence, the examination should be cancelled.

3. Mr. Bhattacharya, learned Senior Counsel appearing for the petitioner took me in great details through the charge-sheet/final report submitted by the S.I of D.D/ Special Cell (GS). The operative portion of the police report reads as follows:-

"After summing up the material evidences both oral and documentary it is prima facie revealed that no physical form of alleged TET 2014 question paper was circulated amongst any person before commencement of examination on 11/10/2015. Investigation also revealed that accused Moidul Islam Molla with an intention to malign the process of examination of TET 2014 and to make a news of leakage of question paper prior to commencement of examination, somehow dishonestly and fraudulently procured the images of question papers of TET 2014 examination pages 4SDL, 5SDL, 26 SDL, 27SDL, 28SDL, 29SDL, 30SDL, 31 SDL all total 8 pages of SDL series and sent it to Nakibuddin Gazi through whatsapp application registered in respect of mobile number 8001942355 in to the whatsapp application of Nakibuddin Gazi in his registered mobile number 9933459826 and subsequently Nakibuddin Gazi sent the same to Mr. Anupam Goswami mobile via Whatsapp in his registered mobile number 9883879465 and Mr. Anupam Goswami had sent the same to the Whatsapp application of Principal Secretary Mr. Arnab Roy on the date and time as mentioned in the foregoing paragraphs. Investigation in respect of procurement of images of alleged question papers by Moidul Islam Molla was carried out but no fruitful result could be yielded as the accused Moidul Islam Molla dishonestly and fraudulently concealed the alleged mobile wherein he had received the alleged images neither he disclosed the source from where he had obtained the same rather it is evident from the investigation that accused Moidul Islam Molla dishonestly and fraudulently with an intention to malign the process of TET 2014 examination did such act to cause damage or harm to the reputation of the examination process by concealment of fact which is a deception in committing such cheating. In doing so accused Moidul Islam Molla knowingly or having reason to believe that the said offence of cheating has been committed by him, caused the evidence of the commission of that offence to disappear with the intention to screen the offender. Thus Moidul Islam Molla has committed the offence U/S 417, 201 IPC. As such cognizance may kindly be taken into this case and necessary legal process may kindly be initiated against accused Moidul Islam Molla for committing offence U/S 417, 201 IPC in the interest of justice."

4. Learned Senior Counsel submitted that the police investigation was deliberately misguided. It was never the petitioner's allegation that there was physical leakage of question paper. The case is that the questions were leaked through mobile phone applications like Whatsapp. He submitted that the Apex Court has held that where the slightest possibility of leakage of question paper is found, the entire examination process must be cancelled. In support of his submission, Mr. Bhattacharya relied on the following decisions:-

(i) Tanvi Sarwal versus Central Board of Secondary Education and others, 2015 6 SCC