No Indefeasible Right To Force State To Conclude Exam Process When Papers Leaked May Have Benefited Candidates: Allahabad High Court

In a case of leaked paper and cancelled examination, the Allahabad High Court has held that there is no indefeasible right to force the State to conclude the examination process when papers leaked may have benefited the candidates. While dealing with cancellation of written examinations conducted by U.P. Education Service Selection Commission in which paper was leaked, Justice Saurabh Shyam Shamshery held “a candidate has no indefeasible right to be selected or to force the State to conclude an examination process which was tainted since papers of written examination were leaked and candidates were benefited also. It is the fairness which is the utmost object to conduct any examination and under no circumstance it can be permitted to compromise.”Written examination was conducted for 910 posts of Assistant Professors in different aided non-Government Post Graduate Colleges. Petitioners also participated in the same and allege that they were a part of the merit list published. However, due to paper being leaked, FIRs were registered after the examination and after detailed inquiry, the result was cancelled and fresh schedule for written examination was published.Against the cancellation of the result, petitioners approached the High Court on grounds that there was no reason to cancel the entire examination result no material existed to show systemic irregularities. Since the inquiry report only mentioned 19 candidates who had benefited directly from the paper leak, the entire result ought not to have been cancelled, it was argued. Relying on the decision of the Apex Court in State of West Bengal vs. Baishakhi Bhattacharyya (Chatterjee) and others, the Court held that the examination was only conducted in the State of UP and was liable to be quashed if any irregularities were found. Noting that chargesheets under Sections 112, 308(5) and 318(4) of Bhartiya Nyay Sanhita, i.e., for offence of “petty organized crime”; “extortion by putting a person in fear of death or grievous hurt”; and, “cheating”, had already been filed and there was other supporting material on record, the Court observed that it was a case of systematic irregularities. It observed that the question papers were leaked and sold to different candidates. Observing that though tainted and untainted candidates can be segregated, the Court held “The standard of inquiry should be fair investigation. It is not necessary that malpractice is required to be proved beyond a reasonable doubt. Whereas, as referred above, in the present case, not only two First Information Reports were lodged but after investigation two charge sheets were filed that atleast 19 candidates were got benefited. A possibility is not ruled out that papers were leaked to other candidates also and that they may also get benefit of it, to be included in select list. Impugned decision is, therefore, justified by probability test also.”Noting that the number of posts were 910 which was not very high and only 224 petitioners had approached the High Court, the Court held that State had rightly cancelled the examination since its integrity had been compromised. Refusing the interfere in the order of re-examination, the Court disposed of the writ petition. Case Title: Km. Lakshmi And 10 Others Versus State of U.P. and othersClick Here To Read/Download Order

No Indefeasible Right To Force State To Conclude Exam Process When Papers Leaked May Have Benefited Candidates: Allahabad High Court

Upasna Agrawal

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