P. VISHNU PRASAD Vs. SECRETARY OF GENERAL EDUCATION

JUDGEMENT

(1.) THE short question that arises for consideration in this writ petition is whether the investigation in the crime relating to leakage of question paper of S.S.L.C. Examination (new scheme) March, 2005 has to be entrusted with the Central Bureau of Investigation.

(2.) ON March 21, 2005 Crime Branch, C.I.D., Headquarters, Thiruvananthapuram had registered Crime No. 126/CR/AW/05 under S.406 and 379 IPC on the basis of a communication received from Shri A. Ajith Kumar I.A.S., Director of Public Instruction, Government of Kerala, Thiruvananthapuram. The Director had reported that the question paper of Social Science, Part II of the ongoing S.S.L.C. Examination March 2005 had been found to have "leaked out and were being in circulation". Though the investigation had initially commenced searching for some clue for the leakage from the examination centres, it appears that the investigating agency was confounded by the unexpected twists and turns which were unravelled later on, as the investigation progressed. Thus, what was expected to be a stray incident of some minor mischief by one of the thousands of supervisors/officials who were in charge of the examination at various centres, has now turned out to be a very volatile and sensitive issue of mammoth proportions. The credibility and efficacy of the entire process and methodology evolved over the years for the conduct of such public examinations (like setting of question papers, printing and distribution to various examination centres, etc.) have been brought into sharp focus for a minute scrutiny. The authorities concerned may have to face several embarrassing questions, particularly in view of some of the disturbing revelations which have come out in the course of the investigation.

(3.) IT is beyond controversy that the question paper for Social Science Paper II had leaked out prior to the examination which was scheduled to be held on March 21, 2005. In the statement filed by respondent No.3, the Inspector General of Police (Crimes), it is conceded that initially there was no idea from where the leakage had occurred. Though admittedly it had come out in the course of the investigation that at five centres in the districts of Kollam, Pathanamthitta, Kozhikode and Kannur, the bundles containing the question papers of Social Science - II were found opened even prior to the date of examination, respondent No. 3 has asserted that no leakage had occurred from these sources. But later, on March 28, 2005 the investigating agency obtained some clue while questioning a student of St. Joseph's High School, Thiruvananthapuram who admitted that he had received a photo copy of the question paper a few days before the examination. On further questioning of some other students, it was revealed that Smt. Bindu, a housewife residing at Vanchiyoor in Trivandrum had managed to get the question paper from a source in Chennai. Smt. Bindu was arrested and questioned. On a search conducted at her residence, "an original question paper of Social Studies Paper II" was recovered. This led to the arrest of her sister Sindhu in Chennai, who according to the investigating agency, had got the question paper from one Suresh who was a casual labourer in the press from where the question papers for the S.S.L.C. examination - March 2005 were being printed.