(1.) THE petitioners herein are all students who appeared for CET-2002 examination conducted by the 1st respondent herein viz. , the Common entrance Test Cell on 9-5-2002 and 10-5-2002 which is a qualifying examination for seeking admission to a professional course in the State of Karaataka. All these petitioners are non-Karnataka students who had their 10+2 examination outside the State of Karnataka. The petitioners were informed by the 1st respondent that they have secured ranks as 134, 235, 219, 250, 227 and 240 respectively in the Medical merit Order of the CET. They were called over for counselling and were allotted seats in the respective colleges, according to the merit. On the basis of the admission orders issued by the 1st respondent, the petitioners got themselves admitted in the respective colleges. Thereafter, they paid the necessary fee to the respective colleges and started attending the classes. But to their utter shock and surprise, on 30-9-2002, when the orientation function was being held in the colleges, it was announced that the seats allotted to the petitioners have been kept in abeyance and they were called upon to contact the college authorities in that regard who in turn directed them to contact the 1st respondent. It is relevant to point out that the admissions of 26 out of 243 non-Karnataka candidates who are selected, were kept in abeyance and they were served with show-cause notices calling upon them to show-cause as to why the admission orders issued to them should not be cancelled. All these petitioners submitted their reply to the show-cause notices. They contended that the entire action taken by the 1st respondent in keeping their admissions in abeyance and issuing show-cause notices are illegal, void and without any jurisdiction. Therefore, they have preferred these writ petitions for quashing of the show-cause notices and for permission to complete their studies in the same colleges.
(2.) THESE writ petitions came to be filed on 3-10-2002. After the filing of the writ petitions, the enquiry proceedings initiated by the 1st respondent continued. The petitioners participated in the said enquiry and thereafter the Special Officer who was holding the enquiry passed orders holding that the ranks were assigned to the petitioners on the basis of tampered computer data. Accordingly, the rankings allotted to the petitioners were cancelled. The medical seats allotted to the petitioners were also cancelled and the colleges were directed to fill up those seats as per the fresh allotment made by the 1st respondent. The petitioners in these writ petitions contend that the Common Entrance Test conducted by the 1st respondent is fool proof, tamper proof and cannot be manipulated by any person at any stage. The procedure followed for the conduct of the examination and the subsequent valuation of the answer scripts are all done as per a unique method evolved by the 1st respondent. The same is brought out in detail in the Brochure issued along with the application form for the Common Entrance Test. Therefore, they contend that the allegations of tampering with the computer data, manipulation and fraud are without any basis and consequently, the holding of enquiry and passing of orders cancelling the merit list are all illegal and are liable to be set aside.
(3.) RESPONDENTS have filed a detailed statement of objections stating that on 20-9-2002, after completion of the seat selection process and after allotment of seats, a letter was received suspecting the performance of a non-Karnataka CET 2002 candidate by name Ms. Monica thocham. The same was referred to the Administrative Officer of the cet Cell for verification and report. Permission was sought to open the strong room to check the OMR answer sheets of the said suspected candidate and to know the veracity of the contents of the letter. On verification, the Administrative Officer reported that the marks allotted to the candidate as found in the computer data was very high and contrary to the marks obtained by her, while the answer script was valued manually. As the results were startling, entertaining bona fide doubts of irregularities, if any, in the allotment of Non- Karnataka quota medical seats, Administrative Officer was directed to verify answer sheets of the 243 non-Karnataka quota medical allotments. The Administrative Officer, with the assistance of the personnel of NIC and other cet staff carried out the verification and reported that in respect of 26 candidates, there was vast difference in the marks obtained by manual evaluation when compared to the data fed to the computer. These petitioners are among those 26 candidates. It is thereafter that show-cause notices were issued to the 26 candidates on 28-9-2002. In response to the show-cause notices, 16 candidates out of 26 appeared and submitted requisitions surrendering their non-Karnataka medical seats, whereas the petitioners have chosen to challenge the said show-cause notices in these writ petitions. The petitioners submitted the reply and thereafter, appeared for the inquiry. The documents relating to the petitioners of cet-2002 were produced and marked as exhibits. Petitioners inspected the said documents. They were given full opportunity to cross-examine the witnesses examined on behalf of 1st respondent. Thereafter, the impugned orders came to be passed which are based on their actual performance as reflected in the OMR answer sheets of CET-2002 It is contended that the medical merit order/ranks have been assigned to these petitioners on the basis of tampered computer data and not based on their actual performance as reflected in the OMR answer sheets of cet-2002. Based on the said illegal rank, the petitioners had appeared for the seat selection process and got selected. The said ranks had been assigned because of fraud and other irregularities committed by some of the personnel working in computer section of CET Cell. If their actual performance in the examination is taken into consideration, they would not have been selected at all and even they had no chance of appearing for seat selection process. It is also stated that the petitioners did not produce the replica of CET-2002 OMR answer sheets, which was in their custody, for the reasons best known to them. The OMR answer sheets contained the signature of the candidate and the invigilator. The same were in the safe custody in the strong room of the CET Cell, which have not been tampered, have remained as undisputed documents in the inquiry. It is further stated that Rule 11 of the Karnataka (Selection of candidates for Admission to Engineering, Medical and Dental Courses)Rules, 1999 confers ample power on the examination conducting authority to hold inquiries and cancel the admissions if it is, found that they have been secured by practising fraud, manipulation or any other questionable means. It is only on the basis of the material brought on record by way of evidence in the inquiry, the inquiry officer on proper appreciation of the same, has come to the conclusion that the manipulation of computer data has been established and accordingly, the impugned orders came to be passed. Therefore, ii was contended that there is no illegality committed by the 1st' respondent either in passing the impugned orders and in cancelling the admissions of the petitioners.