SUNITA SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) The petition has been filed by a practising Advocate and by a former Corporator of the Nagar Nigam, Allahabad. The subject matter of the petition is a leak which took place, of the first paper of the Uttar Pradesh Provincial Civil Services (Preliminary) Examination-2015, which was held on 29 March 2015 at 917 centres across the State.

(2.) According to the submission of the Uttar Pradesh Public Service Commission (Commission), question papers were distributed in sealed envelopes to each of the centres on the morning of 29 March 2015, two hours before the commencement of the examination. According to the Commission, the sealed envelope was opened unauthorizedly at a centre at Lucknow by the Manager of the Institution to which the centre was allotted. The paper was then leaked and circulated on the social media. The Commission has stated that 2,65,039 candidates appeared in the preliminary examination for the first paper. The examination for the second paper was held thereafter on the same day in the afternoon at which 2,62,190 candidates appeared. 2849 candidates have dropped out. A decision has been taken by the Commission to hold a fresh examination on 10 May 2015, for the first paper in respect of which the leak had occurred.

(3.) In these proceedings, several reliefs have been sought. These are (i) a direction in the nature of a mandamus for handing over the investigation to the Central Bureau of Investigation; (ii) a mandamus to the Commission to cancel the entire examination; (iii) a mandamus to hold the examination afresh; and (iv) a direction to withdraw the criminal cases which were registered against the students.