MAHESH KOTHARI Vs. UNION OF INDIA & OTHERS

JUDGEMENT

(1.) In all these petitions, the petitioners before this Court are cadets of Sainik School, Ghorakhal, District Nainital, who are studying in class XI or XII, as the case might be. The principal aim of every cadet who is enrolled in a Sainik School is to secure admission as a "Gentleman Cadet" in the National Defence Academy (for short, N.D.A.). The studies and training in a Sainik School are also focused towards the enrichment of such cadets so that they are trained to compete and qualify for the examination of the Armed Forces. The examination for N.D.A. is conducted by the Union Public Service Commission (from hereinafter referred to as U.P.S.C.) and this examination is held twice a year (usually in the month of April and September of each year) spread throughout the country.

(2.) The cadets of Sainik School, Ghorakhal were allotted centre at Bareilly in the year 2017. The schedule date of examination was 10th September, 2017. Each of the petitioner before this Court was caught using unfair means in the examination. The unfair means of examination in each case is possession of some incriminating material which was found in the pocket, of each of the petitioner. In some cases it is merely a note or a small paper. An undertaking was thereafter taken from each of the petitioners on a set proforma, wherein they have put their signatures stating that certain incriminating material was found in their possession. The incriminating material found in each of the case is as under:

(3.) Thereafter a show cause notice was issued to the petitioners at their address at Sainik School Ghorakhal on 27.09.2017. The show cause notice states that petitioners were caught using unfair means in examination on 10.09.2017. The petitioners have given an undertaking to the Commission that under Rules 5 that in case they are found using any unfair means in the examination, then not only a criminal prosecution will be initiated against them but they will also be debarred either permanently or for a "specific period". In inquiry therefore it has been found that they have been using unfair means during examination and therefore the petitioners were asked to show cause as to why action be not taken against them, as referred above.