The decision to cancel the examination was based on material available, logical, legal, rational, procedurally proper, proportional, reasonable, and fair, aiming to maintain the purity of public examination.

JUDGMENT :

RAVINDRA MAITHANI, J.

1. Since common question of facts and law are involved in all these petitions, they are being decided by this common judgment.

2. The challenge in all these petitions is made to the Press Communiqué issued by the respondent no. 4, Uttarakhand Subordinate Service Selection Commission (“the Commission”) by which, the graduate level examination conducted on 04/05.12.2021 by the Commission has been cancelled and a decision has been taken to re-conduct the examination.

FACTS

3. Facts in brief are as follows:

The Commission published an advertisement on 06.11.2020 for selection on various posts under Graduate Level Examination. The petitioners responded to the advertisement. The examination was conducted on 04/05.12.2021. Its result was declared on 07.04.2022. All the petitioners find place in the provisional merit list. The Commission did not recommend the names of the petitioners for appointment. Therefore, some of the candidates did file a Writ Petition (S/S) No. 1304 of 2022, Ankur Kumar and Another vs. State of Uttarakhand and Others (“the first petition”), which was decided on 18.07.2022. On that date, on behalf of the Commission, it was submitted that a large number of complaints had been received, regarding irregularities in the selection process, particularly, the examination held on 04.12.2021. Therefore, an inquiry was constituted. In view of it, the Court on 18.07.2022, disposed of the first petition with the direction that the inquiry may be concluded as early as possible. In the meanwhile, an FIR No. 289 of 2022, under Section 420 IPC, Police Station Raipur, District Dehradun was lodged with the allegations that the Commission had received complaints alongwith screen shots of WhatsApp messages wherein answers to certain questions were discussed.

4. The Secretary of the Commission also made a communication to the Secretary, Personnel and Vigilance for considering the prospect of cancellation of examination and conducting it afresh, in view of the role of RMS Techno Solution, who was entrusted with the task of printing of question papers. Subsequently, the Commission cancelled the examination conducted on 4/5.12.2021. It is the case of the petitioners that the decision of the Commission in cancelling the result and entire examination conducted on 04/05.12.2021 is wholly arbitrary and erroneous, when selection process was at the verge of its completion.

5. The respondent no. 4, Commission did file its counter affidavit. It is the case of the respondent no. 4, the Commission that several complaints were received with regard to the irregularities committed in the written examination, as also paper leak and mass cheating; an inquiry was conducted and prima facie, the Commission found substance in the complaints. Therefore, the Special Task Force (“the STF”) was requested to conduct an inquiry and FIR an was also lodged. It is further the case of the Commission that after investigation, it was found that RMS Techno Solution was involved in the irregularities and misconduct. Initially, the STF report suggested that 114 persons were directly involved in such leakage of question papers. Therefore, the Commission considering the future and quality of examination; debarred RMS Techno Solution, so that such irregularities do not recur. It is the case of the Commission that the decision to cancel the examination is based on the material available with the Commission.

6. The State, despite an opportunity did not file its counter affidavit. In fact, on 03.07.2023, when questioned, it was responded that the concerned authorities are not responding to the learned State counsel. This Court in its order dated 03.07.2023 noted this submission as made on behalf of the State, as hereunder:

“These matters were heard on 15.06.2023. On that day, the respondent nos. 1, 2 & 3, who are State Authorities were directed to