कुछ आरोपों के कारण पूरी परीक्षा रद करना ठीक नहीं- DELHI HIGHCOURT

नई दिल्ली, जासं : यह ठीक है कि एम्स पीजी प्रवेश परीक्षा में कुछ गड़बड़ियां सामने आई हैं, लेकिन इतने भर से देश भर में आयोजित की गई प्रवेश परीक्षा को रद करना ठीक नहीं है। अगर गड़बड़ी हुई है तो उसकी ठीक प्रकार से जांच होनी चाहिए। यह टिप्पणी करते हुए दिल्ली हाईकोर्ट की न्यायमूर्ति हिमा कोहली की कोर्ट ने एम्स प्रवेश परीक्षा को रद करने की मांग वाली याचिका को खारिज कर दिया।
आठ जनवरी को देश भर के 156 केंद्रों पर एम्स पीजी प्रवेश परीक्षा संपन्न हुई थी, जिसमें नोएडा सहित कुछ जगहों पर पर्चा लीक होने की बात सामने आई थी। दिल्ली पुलिस की क्राइम ब्रांच मामले की जांच कर रही है और आधा दर्जन लोगों को गिरफ्तार किया जा चुका है। इसी मामले को लेकर कुछ उम्मीदवारों ने प्रवेश परीक्षा को रद करने के लिए हाईकोर्ट में याचिका दायर की थी। कोर्ट ने कहा कि दिल्ली पुलिस ने भी जांच में कहीं नहीं पाया है कि एम्स पीजी की पूरी प्रवेश परीक्षा को ही रद कर देना चाहिए। देश भर में 69069 छात्रों ने प्रवेश परीक्षा दी थी।
 Source- Jagran (21-2-2012)

SEE COURT DETAIL-

 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 638/2012 and CM 1375/2012 Decided on: 10th February, 2012 IN THE MATTER OF DR. PRASHANT DASS AND ORS. ..... Petitioners Through: Mr. O.P. Gulabani, Advocate versus UOI AND ORS. ..... Respondents Through: Mr. Asit Tiwari, Advocate for R-1/UOI. Mr. Mehmood Pracha, Advocate with Mr. Sumit Babbar and Mr. Sahil Singh Chauhan, Advocates for R-2/AIIMS. CORAM HON'BLE MS.JUSTICE HIMA KOHLI HIMA KOHLI, J. (Oral) 1. The present petition is filed by five petitioners praying inter alia for quashing of the All India Post Graduate Medical Entrance Exxamination-2012 (in short ‘the ÁIPGMEE-2012), held simultaneously in 156 centres all over the country on 08.01.2012. The petitioners have also sought directions to respondent No.2/AIIMS to evolve a mechanism to prevent recurrence of such an incident of cheating in the entrance examination, which occurred in a Centre at Noida, as noted in the press clippings.
2. On 31.01.2012, counsel for respondent No.2/AIIMS had stated on instructions that a letter dated 24.01.2012 had been addressed by the Sub-Dean (Examination), AIIMS to the Director General, Directorate General
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of health Services, Ministry of Health and Family Welfare, Government of India, stating inter alia that the incident of cheating in respect of the All India Post Graduate Medical Entrance Examination-2012 held on 08.01.2012 was found to have occurred only at one examination centre situated at Noida and that the Centre Supervisor at the said centre had submitted a comprehensive report, which was in turn forwarded for investigation to the Crime Branch, Delhi Police. The report of the investigation was awaited. In the report dated 10.01.2012 prepared by the Centre Supervisor at the Noida Examination Centre, a mention was made of three candidates from whose possession, some electronic gadgets were recovered by the police after investigation. Though on the last date, it was stated by the counsel for respondent No.2/AIIMS that apart from the aforesaid stray incident that took place only in one centre at Noida and the examinations in all the remaining 155 examination centres were held peacefully and without any hindrance, respondent No.2/AIIMS was directed to file a brief affidavit in that regard.
3. An affidavit has been filed by respondent No.2/AIIMS on 08.02.2012, wherein it is stated that the entrance examination in all the centres all over the country had commenced at 10 AM on 08.01.2012 and that the examination went on smoothly at all centres except at the Noida centre situated at Vishwa Bharti Public School, Arun Vihar, Sector-28. When the examination was in progress at the aforesaid centre, at about 10:20 AM,
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out of the two invigilators in the Noida centre, one invigilator had reported that one candidate possessed a mobile phone, which was subsequently confiscated and handed over to the Centre Supervisor, who in turn informed the AIIMS examination control room about the incident. At 11:30 AM on the same date, four officers from the Crime Branch, Delhi Police came to AIIMS with the scanned copy of the questions so as to verify as to whether the questions in the scanned document matched with the original booklet of AIPGMEE-2012. Upon scrutiny of the documents, it was observed that 2-3 pages of the question booklet appeared to have been scanned, which also contained the images of a ball pen that is supplied by AIIMS for use by the candidates appearing in the said examination. Later on, it was revealed that the AIIMS representative, who was supervising the Noida Centre, had deposited a seizure report of the mobile phone that had been seized from a candidate and the said phone was in turn handed over to the Crime branch officials, who had visited the centre later on and had apprehended the candidate found to be cheating in the examination. It is further averred in the affidavit that the Crime Branch, Delhi Police has interrogated the said candidate and two other candidates and some electronic gadgets were recovered by the Crime Branch from all the three candidates. It is stated that the matter continues to remain under investigation of the Crime Branch, Delhi Police.
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4. In view of the averments made in the aforesaid affidavit filed by respondent No.3/AIIMS, it is apparent that the incident of cheating is found to have occurred on 8.1.2012 only at one examination centre and that too in a centre which was situated at Noida, where a mobile phone is stated to have been recovered from one candidate and some electronic gadgets were recovered from two candidates. Apart from the aforesaid incident, the AIPGMEE-2012 appears to have been conducted peacefully all over the remaining 155 examination centers. A total number of 71,968 candidates are stated to have applied for sitting in the aforesaid examination and 69,069 candidates had actually appeared in the said examination. It is also pertinent to note that the examination centre of none of the five petitioners herein was situated at Noida. Rather, upon inquiry, the Court is informed that the centre from where petitioner No.1 had sat for taking his examination was located at Rajouri Garden, that of petitioner No.2 was at JNU Centre, that of petitioner No.3 was at Vivek Vihar, that of petitioner No.4 was at Tagore Garden and that of petitioner No.5 was near Karkardooma Courts.
5. Merely an apprehension expressed by the petitioners that they would suffer irreparable loss and injury in the event of a scam, which scam is under investigation by the Crime Branch, Delhi Police, cannot be considered as sufficient ground for quashing the AIPGMEE-2012 held on

08.01.2012 for 69,069 candidates all over the country. When the magnitude of the aforesaid incident is still unknown and the investigations are on, the present petition can only be termed as one based on surmises and conjectures. As a result, the present petition is dismissed alongwith the pending application, as being premature and without any basis. 
(HIMA KOHLI)
JUDGE FEBRUARY 10, 2012 JUDGE

http://lobis.nic.in/dhc/HK/judgement/18-02-2012/HK10022012CW6382012.pdf