Raj Kumar Gupta v. Union of India and Ors.
DR.AR.LAKSHMANAN,J.: l.HeardMr. S.S. Tiwari,leamedcounsel
for the petitioner and Mr. Gopal Subramanium, learned Additional Solicitor
General for the respondents.The above writ petition was filed by way of
Public Interest Litigation by one Raj Kumar Gupta. The petitioner of this writ
petition wants to raise the issue of leakage of question papers of various
F exams. and that the frequent leakage of question papers has shaken the
confidence of honest students and their parents on the system and has
caused great harassment and depression on them.
2. This Court upon hearing the counsel issued notice to the Union of
India and others. The Union of India has also filed their counter affidavit
through its Secretary, Central Board of Secondary Education, New Delhi.
Respondent No.2 has also filed its counter affidavit, through its Under
Secretary, Department of Secondary and Higher Education, Ministry of
Human Resource Development, New Delhi.
H 3. When the matter was listed on 20.11.2006, we directed the Union of
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RAJ KUMAR GUPTA v. U.O.l. [LAKSHMANAN, J.] 1087
-~ 1 India to file an affidavit along with annexures in the sealed cover. On A
11.12.2006, the Union of India placed before us a report in sealed cover in
regard to the security measures taken by the Combined Admission Test
Group of various IIMs in the matter of securing the question papers from
the time that they are set, to the time that they are finally evaluated and the
results declared including security measures in regard to transportation and
B storage of question papers. The Registrar General was directed to keep the
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same in a sealed cover in safe custody and place the same before the Court
- ) when it was required.
4. On 08.01.2007, we directed the Registry to circulate the Report in
closed envelope to both of us. Accordingly, the Report was circulated to c
both of us.
5. We have carefully perused the Report and we return the same to Mr.
Gopal Subramanium, learned ASG. We are satisfied that the Union of India
has taken concrete steps in order to maintain the secrecy and sanctity of D the examinations. The steps taken by the Central Board of Secondary
). Education have also· been explained in detail. It is also stated that in view
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of the leakage of All India Pre-Medical/Pre-Dental Entrance Examination,
2004 question paper, the Central Board of Secondary Education has reviewed
and scrutinized its system to prevent re-occurrence of such incidents and
additional measures of security have been introduced during paper setting, E
printing of question paper, mode of transport of question paper to the
examination centers and also the preparation of examination results. It is also
submitted in the counter affidavit that the CBSE rescheduled the All India
Pre-Medical/Pre-Dental Entrance (Preliminary) Examination, 2004 within a
week's time and conducted it successfully on 17.04.2004. F
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6. We have perused the counter affidavit filed by respondent No.2. It
is stated therein that the CAT, 2003 which has held on November 23, 2003
was alleged to have been tainted by alleged leakage of the question paper.
,, The said examination was, therefore, cancelled. On February I, 2004, a
meeting of the CAT group was held and the entire procedure for the CAT G
was reviewed. It is also further explained in regard to the several stringent
measures in respect of security of the printing process, security for booklets,
. "'- test construction security, on-site security, review of administrative procedures
r for test administration, deployment of faculty and oversight staff,
transportation security, secure internal communication systems, storage of H
question papers and answer sheets and security audit in a manner so as to
ensure the sanctity of the examination process while at the same time not
inconveniencing the student community. Since adequate and satisfactory
steps have already been taken for securing the sanctity of the admission
process and by recording th'.! confidential report submitted by the Union of
India, we express our sincere hope that the steps taken by the Union of India
continued to be implemented strictly in letter and spirit.
The writ petition stands disposed of accordingly. No costs.
N.J. Writ petition disposed of
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