SONAL Vs. UNION OF INDIA (UOI) AND ORS.

JUDGEMENT

(1.) Leave granted. Since the pleadings are complete and Learned Counsel for all the parties are ready to argue the matter finally, we have heard the matter and are disposing of the appeal by this order.

(2.) To put the facts in brief, the Appellant herein had successfully completed her MBBS degree examination from Government Medical College, Haldwani, Nainital, Uttarakhand in the year 2009. Thereafter, she appeared in the All India Post-Graduate Entrance Examination conducted by the All India Institute of Medical Sciences (AIIMS) in January, 2011. In the said entrance examination, she obtained 81st rank and on the basis of the aforesaid position in the merit list, she was allotted a seat for the MD (Radio-Diagnosis) course in Respondent No. 4 Institution on 19.04.2011. In between, the Appellant has also done Junior Residentship with Tata Memorial Hospital.

(3.) In or around July, 2011, a complaint was registered against one Mahipal Singh and one Rajib Ghatak by Shri Manoj Kumar, Inspector of Police, Central Bureau of Investigation (CBI), New Delhi, alleging a criminal conspiracy to rig the results of the aforesaid entrance examination which was conducted by the AIIMS in January, 2011. The same was done to favour certain students and the Appellant was also named as one of the beneficiaries. Insofar as the Appellant is concerned, the allegation was that the aforesaid conspirators which included the Appellant manipulated the 'OMR' sheets for financial consideration. On the basis of the said complaint, a case bearing No. RC 2192011 E 0007 was registered by the CBI on 28.07.2011 against all the aforesaid accused persons under the provisions of Section 120-B read with Sections 420, 467 and 471 of the Indian Penal Code. The investigation was conducted and the charge-sheet has been filed under the provisions of Section 120-B read with Sections 420, 467 and 471 of the Indian Penal Code against all the accused persons and the commission of such offence.