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Allahabad High Court · body

2007 DIGILAW 2444 (ALL)

SNEHLATA PANDEY v. STATE OF UTTAR PRADESH

2007-09-26

V.K.SHUKLA

body2007
JUDGMENT Honble V.K. Shukla, J.—Before this Court petitioner is represented by Mohd. Shoeb Khan, Advocate. State Respondent through Standing Counsel and Respondent No. 5 through Sri Prabhaker Varddhan, Advocate. 2. Petitioner Snehlata Pandey D/o Sita Ram Pandey has filed present writ petition with following prayer : "(i) Issue a writ, order, rule or direction in the nature of writ of certiorari quashing the result of petitioner of Intermediate Examination, 2007. (ii) Issue a writ, order, rule or direction in the nature of writ of mandamus commanding the respondents to hold enquiry about the result of petitioner or Intermediate Examination, 2007 and declare fresh result. (iii) Issue a writ, order, rule or direction in the nature of writ of mandamus commanding the respondents to produce the copy of the petitioner before this Honble Court." 3. On presentation of writ petition before this Court, this Court passed following order which is being quoted below : "The petitioner appeared in Intermediate Examination 2007 with Roll No. 1197924. She secured zero marks in Hindi 1st paper and 3rd paper Civics 1st paper and Economics 2nd paper. It is contended by the petitioner that the persons Incharge of the examination centre Sri Mritunjai Nath Tiwari; Bhola Das, Subhash Chandra Patel and Madan Mohan Lal Srivastava were allowing the candidates to use unfair means and were demanding illegal gratification from the candidates. They had threatened that if they were not paid, the petitioner will be declared to have failed in the examination. It is contended that petitioner had attempted all the questions and had done well. The members of the examination committee at the centre arranged to take away the answer books of petitioner and substituted them with blank copies. The petitioner has impleaded Bhola Das as respondent No. 5. At this stage no notice is issued to him. The Secretary, Madhyamik Shiksha Parishad will cause a preliminary enquiry and submit report to the Court. The Standing Counsel is also directed to produce the answer books of Hindi 2nd and 3rd papers, Civics 1st and 2nd papers and Economics 1st and 2nd papers to verify the allegations made by the petitioner. Put up/list this matter on 31.07.2007." 4. The Secretary, Madhyamik Shiksha Parishad will cause a preliminary enquiry and submit report to the Court. The Standing Counsel is also directed to produce the answer books of Hindi 2nd and 3rd papers, Civics 1st and 2nd papers and Economics 1st and 2nd papers to verify the allegations made by the petitioner. Put up/list this matter on 31.07.2007." 4. On the matter being taken up on 24.9.2007 letter of Secretary, Madhyamik Shiksha Parishad, U.P. at Allahabad was produced before this Court pointing out that inquiry prima facie reveals that Hindi 1st paper and 3rd paper Civics 1st paper and Economics 2nd paper of petitioner large scale of manipulation has been made and even answer sheet has been tampered and pages have been removed of the said answer sheets. It has been mentioned that against the guilty person action would be taken after the matter has been placed before the competent authority, Nistaran Committee ¼fuLrkj.k desVh½ . After said communication was produced on 24.9.2007 seeing the nature of seriousness of matter involved the Secretary, Madhyamik Shiksha Parishad, U.P. at Allahabad was directed to be personally present before this Court and on the matter being taken up today Secretary, Madhyamik Shiksha Parishad, U.P. at Allahabad informed that as tampering has been done in the answer sheets of the petitioner as such on 25.09.2007 decision has been taken that in Civics IInd paper as petitioner has received 32 marks, as such in first paper also she would be awarded 32 marks and in Economics 1st paper as she has received 29 marks as such in Economics 2nd paper also she would be awarded 29 marks and in other papers in Hindi 1st, 2nd and 3rd papers she would be awarded average marks as 19, 20 and 20 respectively and revised mark sheets would be issued to her and further against the concerned Centre Superintendent, Additional Centre Superintendent and Class Examiner, sealing and packing employee and against Bhola Das after making detailed inquiry against said incumbent, matter would be placed for reconsideration by the Nistaran Committee ¼fuLrkj.k desVh½ . 5. Sequence of events narrated in the present case reflects that tampering has been done in the answer sheets of the petitioner not in one paper but in all five papers and even pages have been removed. 5. Sequence of events narrated in the present case reflects that tampering has been done in the answer sheets of the petitioner not in one paper but in all five papers and even pages have been removed. Such lapses cannot be permitted to be taken lightly, and same has to be dealt with iron hands, inasmuch as if such incidents would go unpunished it would be setting wrong precedent and the very credibility of examining body would be at stake. Grievance of the petitioner which has been raised before this Court has been found to be proved in the inquiry which has been conducted and liability of said illegality is yet to be fixed, as such as petitioner has been made to suffer a lot mental agony for which Secretary, Madhyamik Shiksha Parishad, U.P. at Allahabad who is present before this Court is directed to hand over Account Payee Cheque of Rs. 50,000/- (fifty thousand) in favour of the petitioner within next one month from today and further also ensure revised mark sheet qua which decision has been taken is issued in favour of the petitioner within next two weeks. Respondent-Board is further directed to see and ensure that strict action is taken against the erring persons at the earliest preferably within next eight weeks from the date of presentation of certified copy of this order. Said decision be taken after providing opportunity of hearing to the said incumbents. Amount in question which is to be paid by way of compensation to the petitioner can be recovered by the Respondent-Board from aforesaid erring incumbents, seeing the extent of complicity and evidence qua the said incumbents. 6. With the above directions and observations present writ petition is allowed and disposed of. ————