SURYA BHAN SINGH Vs. STATE

JUDGEMENT

(1.) THIS case has been nominated by Hon'ble the Chief Justice before a Bench to be presided over by one of us (Amar Saran, J.), by an order dated 24.5.2011.

(2.) THIS writ petition has been filed for quashing an F.I.R. dated 12.04.2011 and for staying the arrest of the petitioners at Case Crime No. 107 of 2011, Police Station Paschimpur, district Kaushambi, under sections 6, 7 and 10 of the Uttar Pradesh Public Examinations (Prevention of Unfair Means) Act, 1998 (hereinafter referred to as Unfair Means Act). The allegations in the F.I.R. were that on 4.4.2011, when the U.P. Board examinations of the second paper of Urdu of High School and first paper of Sanskrit of Intermediate were being held at the Ram Newaj Singh Uchchatar Madhyamik Vidyalaya, Jagatpur, Katri, Kaushambi, an inspection was made by the Administrative Officers. At that time, a comparison was made of the examination copies of the candidates. It was found that answers of the examinees were all similar and thus it was apparent that mass copying had been allowed to take place at the examination centre. The Centre Superintendent, Supervisor and the Invigilators conducting the examination appeared to have colluded for facilitating this mass copying and action was sought against the offenders who were not named in the F.I.R. lodged by Rajiv Kumar, Finance and Accounts Officer on behalf of the District Inspector of Schools, Kaushambi.

(3.) IT is relevant to mention that the duty chart is a defence document. Also as the Centre In-charge of the Examination had himself been made an accused, the non mention of the inspection in the duty chart is of no significance.