CHALAMALASETTY SATYENDRA KUMAR Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) First of the petitions W.P. 11247/96 by seven petitioners under Art. 226 of the Constitution of India is filed for cancellation of the EAMCET -- 96 (Engineering, Agriculture and Medicine Common Entrance Test -- 1996) as a public interest litigation and entertained by the Court on 14-6-1996. Petitioners moved the Court before the publication of the results alleging that there was leakage of EAMCET--96 Engineering question papers at various centres before the said examination was conducted on 22-5-1996. A coaching centre in Rayalaseema at Tirupathi (the third respondent) allegedly conducted six grand tests between 16th to 20/05/1996 and 116 questions out of 200 questions which were given to the candidates in the EAMCET-96 Engineering paper with the key-answers were found to have been given to the students of the third respondent coaching centre in the said six tests. Several candidates who appeared for EAMCET-96 sent written complaints and Newspapers published about the leakage. Petitioners stated in some details how the questions were the same or similar as were given to the students in the tests conducted by the third respondent coaching centre and stated that it was reliably learnt that the leakage of the engineering questions and key-answers had spread to some other coaching centres at Vijayawada, Visakhapatnam and some other places. Medical entrance test papers, according to the petitioners, were defective as 11 questions were considered to be invalid by the then Convenor himself (the second respondent) at the time of publishing the key in Newspapers on 8-6-1997, 7 questions were out of syllabus and to some questions answers given in the key were incorrect. Public concern to the above found expressions in the shape of newspaper reports and a large number of letters and telegrams from candidates who appeared either in the Engineering test examination or the Medical test examination were received by the Court. In view of the seriousness of the allegations the Court in W.P.M.P. No. 13667/96 ordered for a status quo in all respects and that no results of the Engineering, Agriculture and Medicine Common Entrance Test-1996 would be published until further orders.

(2.) A preliminary counter on behalf of the Principal Secretary to the Government, Higher Education Department was filed stating that the entrance test for Medical and Engineering have different set of question papers and as noticed by the Court in its order dated 24-6-1996.

(3.) After hearing the learned counsel for the parties the Court felt that there were certain materials which indicated that the question leaks were not confined to Tirupathi only but extended to other centres as well including Vijayawada and Visakhapatnam and observed: "It will not be possible to brush aside the possibility of the question leakage pervading the entire entrance examination (Engineering)."About the Medical question papers, however, the Court felt.