'Ruining Career Of Aspirants More Heinous Than Murder': Chhattisgarh High Court Denies Bail To Ex-CGPSC Secretary In Exam Paper Leak Case

The Chhattisgarh High Court has rejected the bail plea of former Secretary of the Chhattisgarh Public Service Commission (CGPSC) Jeevan Kishor Dhruv, observing that prima facie material indicated his involvement in a conspiracy to leak confidential question papers to allegedly benefit his son who was subsequently selected as Deputy Collector.“Having considered the entire fact situation of the case; particularly considering the role attributed to the applicant who while functioning as Secretary, CGPSC, abused his official position by retaining confidential question papers of the CGPSC Main Examination, 2021 and supplying the same to his son, who was a candidate in the said examination,” Justice Bibhu Datta Guru observed.The Court took into account the copies of the questions and answers of Paper 7 of CGPSC Mains Exam 2021, the Question-cum-Answer Booklet of Paper 2 and other documents which revealed that the applicant's son, Sumit Dhruv, had practiced four specific essay topics, all of which subsequently appeared in the Main Examination.The Court said, “The recoveries effected from the residence of the applicant, coupled with the statements of witnesses and other documentary evidence, prima facie indicate his involvement in the alleged conspiracy.”The Court further held, “Considering the specific role attributed to the applicant, the gravity of the allegations and their adverse impact on the sanctity of the public recruitment process, this Court is not persuaded to exercise its discretion in favour of the applicant.”Emphasising the seriousness of examination paper leaks, the Court observed that a person facilitating leakage of question papers in competitive examinations “plays with the career and future of lacs of young aspirants, who are 'burning the midnight oil' to prepare for competitive exams.”The court called the act more heinous than an offence of murder, because killing a person affects only one family, but by “ruining the career of lacs of aspirants, whole society is adversely impacted.”"person who indulges in facilitating leakage of question paper relating to competitive examinations, plays with the career and future of lacs of young aspirants, who are 'burning the midnight oil' to prepare for competitive exams, such an act is more heinous than an offence of murder because by killing a person, only one family gets affected but by ruining the career of lacs of aspirants whole society is adversely impacted.Therefore, the alleged charges levelled against the accused persons including the present applicants can by no stretch of imagination be termed as ordinary charges. The action of the accused persons is clear example of 'fence eating the crop',” the Court observed.The Court rejected the bail plea, observing that the material collected during investigation and witness statements prima facie indicated his involvement in the alleged conspiracy. It also took into account the specific role attributed to him and the gravity of the allegations.BackgroundThe case arose from alleged illegalities and irregularities committed by the authorities of the CGPSC in the recruitment process, wherein two FIRs were registered by the Economic Offences Wing/Anti-Corruption Bureau, Chhattisgarh and Arjunda Police Station. The case was subsequently transferred to the Central Bureau of Investigation (CBI).The prosecution case concerns alleged leakage of question papers in the CGPSC State Service Examination conducted during 2020–2022, including the CGPSC Main Examination, 2021. The applicant, Jeevan Kishor Dhruv, who was Secretary of the Commission at the relevant time, was subsequently arrayed as the eighth accused during the investigation. According to the CBI, Dhruv, along with the then Chairman, Controller of Examination and other accused persons, entered into a criminal conspiracy to leak confidential question papers and thereby facilitating an illegal benefit to his own son, Sumit Dhruv. The CBI alleged that copies of questions and answers relating to Paper No. 7 (General Studies) and the Question-cum-Answer Booklet of Paper No. 2 (Essay) were recovered from the applicant's residence. The investigation further revealed, according to the prosecution, that Sumit had practised essays on four topics—Cryptocurrency, the Russia-Ukraine War and the role of the United Nations, Dantewada District, and the Chhattisgarh Tonahi Pratadna Nivaran Act— all of which were subsequently asked in the Main Examination.The CBI also relied upon the statement of the Controller of Examination that out of 47 questions contained in Paper No.7 of the exam, as many as 42 questions were identical to those recovered from the residence of the applicant.Opposing the bail plea, the CBI argued that the alleged acts have undermined the credibility of a constitutional recruitment body and have affected public confidence in the fairness of the selection process. It also contended that Dhruv, being a senior public servant entrusted with maintaining...

'Ruining Career Of Aspirants More Heinous Than Murder': Chhattisgarh High Court Denies Bail To Ex-CGPSC Secretary In Exam Paper Leak Case

Amruta Gangajaliwale

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Amruta Gangajaliwale

'Ruining Career Of Aspirants More Heinous Than Murder': Chhattisgarh High Court Denies Bail To Ex-CGPSC Secretary In Exam Paper Leak Case

Amruta Gangajaliwale

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Amruta Gangajaliwale

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