LAWS(MPH)-2020-1-26

RAZIYA SULTANA Vs. STATE OF M.P.

Decided On January 10, 2020
Raziya Sultana Appellant
V/S
STATE OF M.P. Respondents

JUDGEMENT

(1.) Facts of the case reveal that the appellant before this Court has filed a Writ Petition being aggrieved by the order dated 14/9/2018 by which her selection to the post of Assistant Auditor was cancelled for want of biometric verification.

(2.) The undisputed facts also reveal that an advertisement was issued for the post of Group 2 (Sub-Group 2) Combined Recruitment Test 2007 for the post of Assistant Auditor, Assistant Account Officer, Accountant and other equivalent posts. The examination was conducted by the respondent No.2 - M. P. Vyavsayik Pariksha Mandal (earlier known as 'Professioanl Examination Board). The appellant before this Court did appear in the examination, as stated in the Writ Petition as well as in the Writ Appeal. At the examination centre she was directed to sign the attendance sheet, videography of the candidates was done, thumb impression was taken. However at the relevant point of time when her thumb impression was taken by the authorities there was a mismatch of the thumb impression in the Aadhar Card and the thumb impression which was taken at the time of examination centre and in those circumstances her candidature was cancelled. The petitioner being aggrieved by the order dated 14/9/2018 came up before this Court and only because her biometric verification done by the Centre for Research and Industrial Staff Performance (CRISP) failed her candidature was rejected. The learned Single Judge has dismissed the Writ Petition.

(3.) Before this Court it was vehemently argued that the petitioner did appear in the examination, hand writing was in existence on the admit card, her CCTV footage was in existence, there was videography done and the petitioner and only because there was some mismatch in the thumb impression and the impression taken at the examination centre she could not have been deprived of the result in respect of the examination in question and in those circumstances this Court vide order dated 16/12/2019 has directed the Inspector General of Police, CID, Bhopal to conduct an enquiry and to find out whether the petitioner has actually appeared in the examination or not. The order dated 16/12/2019 reads as under :