MRITYUNJAY SINGH YADAV Vs. STATE OF U P

JUDGEMENT

(1.) BY these writ petitions, the petitioners, who appeared in U. P. Combined Pre Medical Test-2007 (C.P.M.T.-2007) conducted by Veer Bahadur Singh Purvanchal University, Jaunpur (the University), have questioned the correctness of the revised results of C.P.M.T.-2007, declared on June 21st, 2007, rectifying the technical errors, in the results declared on June 14th, 2007. They have alleged manipulations and foul play in preparation of revised results, and have prayed for directions commanding respondent-authorities to hold fresh C.P.M.T.-2007, by the University having good reputation under the supervision of some independent agency. They have also prayed for a writ of mandamus commanding the respondents authorities to hand over the entire investigation to an independent investigating agency like C.B.I. and lodge first information report under different Sections of Indian Penal Code and to prosecute the university authorities, involved in the malpractices, and anomalies.

(2.) BRIEFLY stated the facts, giving rise to these petitions, are that in terms of the directions given by Lucknow Bench of this Court in Writ Petition No. 418 (MB) of 1998, Tulika Ram and another v. State of U. P. and others, 1998 (4) AWC 720 (LB), the Governor/Chancellor nominated 'Veer Bahadur Singh Purvanchal University, Jaunpur', from amongst the Universities recommended by a Committee, consisting of Principal Secretary, Medical Department ; Director General, Medical Education ; two Vice-Chancellors and three Principals of the Medical Colleges. The State Government issued a Government order No. 378/71-3-07-76/2006 dated 1.2.2007 providing for detailed instructions and a strict time schedule commensurate with the directions of the Supreme Court in Medical Council of India v. Madhu Singh, (2002) 7 SCC 258, to hold C.P.M.T.-2007. According to the time schedule, the advertisements-giving the examination schedule was to be published on 3.2.2007 ; sale of forms from 20.2.2007 to 20.3.2007 ; last date of submissions of forms was fixed on 25.3.2007 ; date of examination on 22.5.2007 ; results of all the examinations were to be declared on or before 14.6.2007, scrutiny by 21.6.2007 and first batch of counselling from 1.7.2007 to 15.7.2007. This time schedule was fixed in compliance of the directions issued by Hon'ble Supreme Court fixing a time table in the case of Medical Council of India v. Madhu Singh and others, S.L.P. No. 14919/2000, (2002) 7 SCC 258. The C.P.M.T.-2007 was to be held for admitting students to six Government Allopathic Medical Colleges including U. P. King George Dental Sciences University, Lucknow ; U. P. Gramin Ayurvedic Anusandhan, Safai, Etawah for MBBS/BDS course as well as BHMS/BAMS/BUMS courses in the State Homeopathic/Ayurvedic and Unani colleges. The number of seats in these colleges is given in the schedule appended to the Government Order.

(3.) SHRI A. K. Raghuvansi, Special Secretary, Medical Education Department, Government of U. P. reported to the State Government that the Committee reached Jaunpur and started its work on 17.6.2007 to complete the enquiry by the end of the week, after which the revised results were to be declared. The Committee was asked to do random sampling of results under the supervision of SHRI U. S. Tomar, Registrar of U. P. Technical University, Lucknow. The work started in the forenoon of 17.6.2007 with discussions to prepare an action plan. According to the plan prepared by the Committee, the sealed office of C.P.M.T. at the residence of the Vice-Chancellor was opened and an inventory of the documents and other material was prepared. The Committee was informed that the two trucks parked in the campus were used for transporting the concerned documents and material. These documents and material were unloaded and an inventory was prepared? The Committee enquired from the Vice-Chancellor/Chairman, C.P.M.T.-2007, the details of procedure of examinations and the steps taken to maintain the secrecy and accuracy adopted by him in the examinations and preparation of results. The Vice-Chancellor/Chairman, C.P.M.T.-2007 explained to the Committee the entire details and gave his report alongwith procedure adopted for examination and preparation of results. The report was signed by SHRI K. P. Singh, Vice-Chancellor/Chairman, C.P.M.T.-2007, and his associates including an Associate Professor, I.I.T. Roorkie and three Associate Professors of I.T. Banaras Hindu University, Varanasi. The Committee was informed that all the four Professors are renowned Professors and have long experience of organising such examinations.