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2025 Supreme(Online)(CAT) 3329
CENTRAL ADMINISTRATIVE TRIBUNAL
MR. JUSTICE AKHIL KUMAR SRIVASTAVA, MRS. MALLIKA ARYA, JJ
Anish Kumar – Appellant
Versus
Defence – Respondent
O.A./690/2023
Shri Harish Chandra Singh, Shri Surendra Pratap Singh
Cancellation of an entire examination process requires clear evidence of malpractice by all candidates; individual culpability must be assessed.
Headnote:(A) Examination Conduct - Cancellation of LDCE-2022 - The cancellation of the Limited Departmental Competitive Examination for Chargeman/Technical and Non-Technical posts at Ordnance Factory Itarsi was based on allegations of malpractice, including the discovery of a paper matching answer keys. The competent authority acted on the fact-finding committee's report recommending cancellation due to potential question paper leakage. (Paras 2.5, 3, 5, 8)
(B) Legal Principles - The court emphasized that cancellation of an entire selection process is not justified without clear evidence of malpractice by all candidates, and that individual culpability should be assessed. (Paras 5, 8)
Facts of the case:
The applicants participated in the LDCE-2022 for Chargeman posts but faced cancellation of the examination due to alleged malpractice reported by a fact-finding committee. The committee found evidence of potential question paper leakage but also noted adherence to examination protocols.
Findings of Court:
The Tribunal upheld the cancellation of the LDCE-2022 based on the findings of the Complaint Disposal Committee, affirming that the examination process was compromised.
Issues: The main issues included the validity of the cancellation of the examination and whether individual candidates could be segregated based on malpractice.
Ratio Decidendi: The court ruled that the cancellation of the entire examination process was not warranted without clear evidence of wrongdoing by all candidates, emphasizing the need for individual assessment of culpability.
Result: Original Application dismissed.
ORDER
By Akhil Kumar Srivastava, JM.-
The applicants are aggrieved by order dated 29.03.2023, whereby the LDCE held in Ordnance Factory Itarsi for filling up of vacancies in the post of Chargeman/Technical and Non-Technical has been cancelled.
2. Brief facts of the case are that a circular dated 03.08.2022 (Annexure A-1) was issued by respondent No.2 for filling up of vacancies in the post of Chargeman/Technical and Non-technical through Limited Departmental Competitive Examination (LDCE).
2.1 As per the notification, approximately 936 vacancies arising up to 01.12.2022, were to be filled in 75 Factories including the Ordnance Factory, Itarsi. The selection was to be done on the basis of rank in the written examination and availability of vacancies in the respective trade. The tentative time schedule and venue of examination was also provided in the circular.
2.2 The applicants, being fully eligible to appear in LDCE-2022, submitted their candidature for the post of Chargeman/Non-Technical (OTS). They participated in the selection process and appeared in the examination.
2.3 Final model answer key, after deciding the objection of the candidates, was published on 16.03.2023 and the applicants upon assessing their marks, were apprehending their selection.
2.4 The applicants submit that no malpractice was adopted in the examination from any of the 41 centres in the entire county and it was only in the Itarsi Centre, where on 01.03.2023 in the morning session, out of 24 candidates appearing in the centres, two candidates were handed over the question paper for metallurgy engineering in the place of General Engineering/IT. It was reported that as per the instructions, all candidates were to reach examination centre before 15 minutes of start of examination. Before entering the examination centre, full security was deputed and thoroughly checkup of all candidates was carried out.
2.5 The applicants submit that the respondent No.2, vide letter dated 29.03.2023 (Annexure A-1) had cancelled the LDCE-2022 in respect of Ordnance Factory, Itarsi on the ground that the fact finding committee reported malpractice during conduct of the examination. It has been further directed that re-examination will be conducted for Ordnance Factory, Itarsi and the selected candidates will be accorded notional seniority from the common date.
3. The respondents have filed their reply, wherein they have stated that a fact finding committee was constituted by the competent authority of DoO (C & S), Kolkata to investigate into the complaints and allegations about the examination process of LDCE-2022 for Chargeman (Technical/Non- Technical) at Ordnance Factory Itarsi. The committee submitted its report on 20.03.2023 (Annexure R-1), wherein among other things, the fact finding committee brought out in the report that a chit of paper was found in the toilet of exam centre of Ordnance Factory, Itaris by the Security Durwan at around 9:20 AM on 28.02.2023. The chit of paper contains hand scribbled words which match with the Answer Keys of the Question Papers of Factory Accounting and Store Procedure which was conducted on the same day during 09:00 AM to 12:00 Hrs (70 numbers match with answer keys). Another point of the report pertains to a complaint dated nil was received on 07.03.2023 from OFI’s email address, from one Shri Narendra Singh, a resident of Shivaji Nagar, Itarsi, who alleged that 26 employees of Ordnance Factory Itarsi (who are candidates of different disciplines in LDCE 2022) were supplied Question Papers by three officials of OFI before the examination. The alleged money transaction was about Rs 1.5 to 2 crores. The complainant of Shri Narendra Singh, on being contacted by the Fact Finding Committee, confirmed that the complaint was made by him. However, he requested that his identity may not be disclosed. Hence his complaint and allegations could not be verified as the Committee could not enforce testimony/statement of the complainant, being an outsider.
