ROSHNI PATEL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This order shall dispose of the following writ petitions challenging the cancellation of result of the entrance test for the reason of use of unfair means vide order dated 31.12.2014. W.P. No.6768/2015;W.P. No.6772/2015; W.P. No.6774/2015; W.P. No.6775/2015; and W.P. No.6777/2015 challenges the order dated 31.12.2014 which are in short called as Group - 1 cases. Whereas, in W.P. No.18422/2014; W.P. No.2053/2015; W.P. No.2709/2015; W.P. No.2143/2015; W. P. No.5710/2015; W.P. No.6769/2015; and W.P. No. 7133/2015, the challenge is to a separate order but of the same date that is 31.12.20014 which are called as Group - 2 cases. Most of the facts are common in both set of cases; therefore, they have been taken for decision together.

(2.) All the writ petitions arise out of the common facts i.e. that a Pre Medical Test examination 2012 was conducted by the Professional Board of Examination (hereinafter referred to as the "Vyapam" for short) for admission to MBBS course on 10.6.2012. The result was declared on 20.6.2012. On account of irregularities in conduct of examinations by the officials of Vyapam;criminal proceedings were initiated, when FIR - crime No. 539 of 2013 was registered in Police Station Rajendra Nagar Indore on 7.7.2013. A special Task Force was constituted (STF). On the basis of investigations conducted, admission of 415 candidates was cancelled. The challenge to such order remained unsuccessful in a bunch of writ petitions since reported as Pratibha Singh Ku. (Minor) Vs. The State of Madhya Pradesh and others - 2014 (3) MPLJ 178. It was revealed that unfair means were adopted in the previous years as well. Vyapam cancelled the examination of the candidates who used unfair means in the PMT examination in the years 2008 to 2012. The challenge to such cancellation remained unsuccessful in a bunch of writ petitions vide judgment since reported as Neetu Singh Markam Vs. State of M.P. and others-2014 (4) MPLJ 203. The appeal before the Supreme Court stands dismissed by judgment reported as NidhiKaim and another Vs. State of M.P. and others (2017) 4 SCC 1.

(3.) Earlier, the result of 14 candidates of PMT 2012 were cancelled on 24.4.2014, but such order was set aside by this Court in W.P. No.8394/2014 and other cases vide order dated 14.11.2014. In terms of liberty granted, the OMR answer sheets of 14 such candidates and 5 other candidates were examined in respect of the allegations of mismatch of ink and interpolation in the scanning process. In respect of candidates falling in Group - 1, the finding is that the Optical mark recognition (OMR) answer sheet has been scanned twice, the second time after interpolation of the answer sheets, whereas, the Group 2 cases, the interpolation is alleged even before the first scanning.