A technical error in the declaration of results, if bona fide and promptly rectified, does not vitiate the results.

SUNIL AMBWANI, J.

1. By these writ petitions, the petitioners, who appeared in U.P. Combined Pre Medical Test-2007 (CPMT-2007) conducted by Veer Bahadur Singh Purvanchal University, Jaunpur (the University), have questioned the correctness of the revised results of CPMT-2007, declared on June 21st 2007, rectifying the technical errors, in the results declared on June 14th 2007. They have alleged manipulations and foul play in preparation of revised results, and have prayed for directions commanding respondent-authorities to hold fresh CPMT-2007, by the University having good reputation under the supervision of some independent agency. They have also prayed for a writ of mandamus commanding the respondents authorities to hand over the entire investigation to an independent investigating agency like CBI and lodge First Information Report under different sections of Indian Penal Code and to prosecute the University authorities, involved in the malpractices, and anomalies.

2. Briefly stated the facts, giving rise to these petitions are, that in terms of the directions given by Lucknow Bench of this Court in Writ Petition No. 418 (MB) of 1998 Tulika Ram and Another vs. State of UP and Others, the Governor/Chancellor nominated 'Veer Bahadur Singh Purvanchal University, Jaunpur, from amongst the Universities recommended by a Committee, consisting of Principal Secretary, Medical Department; Director General, Medical Education; two Vice Chancellors and three Principals of the Medical Colleges. The State Government issued a Government Order No. 378/71-3-07-76/2006 dated 1.2.2007 providing for detailed instructions and a strict time schedule commensurate with the directions of the Supreme Court in Medical Council of India Vs. Madhu Singh and Others, to hold CPMT-2007. According to the time schedule, the advertisements- giving the examination schedule was to be published on 3.2.2007; sale of forms from 20.2.2007 to 20.3.2007: last date of submissions of forms was fixed on 25.3.2007; date of examination on 22.5.2007; results of all the examinations were to be declared on or before 14.6.2007, scrutiny by 21.6.2007 and first batch of counselling from 1.7.2007 to 15.7.2007. This time schedule was fixed in compliance of the directions issued by Hon'ble Supreme Court fixing a lime table in the case of Medical Council of India Vs. Madhu Singh and Others, The CPMT-2007 was to be held for admitting students to six Government Allopathic Medical Colleges including UP King George Dental Sciences University, Lucknow; UP Gramin Ayurvedic Anusandhan Safai, Etawah for MBBS/BDS course as well as BHMS/BAMS/BUMS courses in the State Homeopathic/Ayurvedic and Unani colleges. The number of seats in these colleges is given in the schedule appended to the Government Order.

3. A total number of 81012 candidates were registered for appearing in CPMT-2007. The examinations were held on 22.5.2007 and the results published on 14.5.2007. As soon as the results were published, the candidates and their guardians raised strong protests to the flaws and anomalies suspecting foul play and manipulations in preparation of the results. The candidates expecting good marks received ridiculously low marks and that many others, who were not good students, were shown to have secured very high ranks. The State Government taking notice of these protests immediately took a decision vide a Government Order No. 44/SSE/2007 dated 16.6.2007 issued by Special Secretary, Medical Education, Anubhag-3, Lucknow to constitute a Committee to reexamine the revised results. This Committee consisted of Mr. S.K. Raghuvansi, Special Secretary, Medical Education, Government of UP, Lucknow: Dr. Kamal Sahni, Director General, Medical Education, UP Lucknow; Mr. U.S. Tomar, Registrar, UP Technical University, Lucknow and Mr. S.E.A. Naqvi, Technical Director, NIC, Lucknow. The Committee was