NEETU SINGH MARKAM Vs. STATE OF M.P.

JUDGEMENT

(1.) In this batch of writ petitions, the petitioners have, inter alia, assailed the validity of the orders dated 24.4.2014, 03.5.2014, 06.5.2014, 07.5.2014, 08.5.2014 and 19.5.2014 by which the Professional Examination Board (hereinafter referred to as "the Board") has cancelled the results of the petitioners on the ground that the petitioners had resorted to unfair means during the Pre Medical Tests held between years 2008 to 2012. The petitioners also seek consequential direction to the respondents to permit them to prosecute the studies in M.B.B.S. Course. In order to appreciate the petitioners' challenge to the impugned orders, the relevant facts need mention, which are stated infra.

(2.) The Board was initially constituted by Notification dated 30.7.1983 and thereafter re-constituted by Notification dated 22.1.2004 in exercise of executive powers by the State Government for discharging its obligation of conducting free and fair pre-entrance examination for admission to professional courses. The Board has been conducting Pre Medical Tests every year for admission to M.B.B.S. Course in respect of various Colleges in the State of Madhya Pradesh. The Board held the Pre Medical Tests between the period from 2008 to 2013. The Pre Medical Test, 2013 was scheduled to be held on 07.7.2013. A complaint regarding commission of gross irregularities and use of unfair means by the candidates in the examination was received by the Director General of Police on 06.7.2013. Acting on the said complaint and reports published in local newspapers about the conspiracy hatched for resorting to unfair means by a large number of candidates with the assistance of the candidates coming from other States, the Indore Crime Branch arrested about 20 suspects.

(3.) On 07.7.2013, First Information Report was lodged bearing Crime No.539/2013 at Police Station, Rajendra Nagar, Indore mentioning about involvement of large number of candidates having indulged in unfair means during Pre Medical Test, 2013. After registration of First Information Report, the Crime Branch made enquries and sought certain information from the officials of the Board, which was furnished to the Crime Branch on 12.7.2013. The officials of the Board, namely, Nitin Mohindra, Principal System Analyst and Ajay Kumar Sen, Senior System Analyst were interrogated and were arrested by the Police on 16.7.2013 and were suspended by the Board on 17.7.2013. During the investigation, involvement of one C.K.Mishra, Assistant Programmer of the Board was also found. The Board received a list of 317 candidates from Superintendent of Police, Indore who were named as beneficiaries of the conspiracy. The factum of involvement of one Jagdish Sagar in the conspiracy also came to the light. The Director of the Board submitted proposal to the Chairman on 30.8.2013 to permit constitution of Computer Experts Committee to examine the records and submit its opinion and recommendations. The Chairman accorded approval to the said proposal on 05.9.2013.