Kumar Gupta Vs. Union of India &
Ors  Insc 55 (17 January 2007)
Ar. Lakshmanan & V.S. Sirpurkar Writ Petition (Civil) No. 223 of 2004 Dr. Ar.
Mr. S.S. Tiwari, learned counsel for the petitioner and Mr. Gopal Subramanium,
learned Additional Solicitor General for the respondents.The above writ
petition was filed by way of Public Interest Litigation by one Raj Kumar Gupta.
petitioner of this writ petition wants to raise the issue of leakage of
question papers of various exams. and that the frequent leakage of question
papers has shaken the confidence of honest students and their parents on the
system and has caused great harassment and depression on them.
Court upon hearing the counsel issued notice to the Union of India and others.
The Union of India has also filed their counter affidavit through its
Secretary, Central Board of Secondary Education, New Delhi. Respondent No.2 has also filed its counter affidavit,
through its Under Secretary, Department of Secondary and Higher Education,
Ministry of Human Development, New Delhi.
the matter was listed on 20.11.2006, we directed the Union of India to file an
affidavit along with annexures in the sealed cover. On 11.12.2006, the Union of
India placed before us a report in sealed cover in regard to the security
measures taken by the Combined Admission Test Group of various IIMs in the
matter of securing the question papers from the time that they are set, to the
time that they are finally evaluated and the results declared including
security measures in regard to transportation and storage of question papers.
The Registrar General was directed to keep the same in a sealed cover in safe
custody and place the same before the Court when it was required.
08.01.2007, we directed the Registry to circulate the Report in closed envelope
to both of us. Accordingly, the Report was circulated to both of us.
have carefully perused the Report and we return the same to Mr. Gopal Subramanium,
learned ASG. We are satisfied that the Union of India has taken concrete steps
in order to maintain the secrecy and sanctity of the examinations. The steps
taken by the Central Board of Secondary Education have also been explained in
detail. It is also stated that in view of the leakage of All India Pre-
Medical/Pre-Dental Entrance Examination, 2004 question paper, the Central Board
of Secondary Education has reviewed and scrutinized its system to prevent
re-occurrence of such incidence and additional measures of security have been
introduced during paper setting, printing of question paper, mode of transport
of question paper to the examination centers and also the preparation of
examination results. It is also submitted in the counter affidavit that the
CBSE rescheduled All India Pre-Medical/Pre-Dental Entrance (Preliminary)
Examination, 2004 within a week's time and conducted it successfully on
have perused the counter affidavit filed by respondent No.2. It is stated
therein that the CAT, 2003 which has held on November 23, 2003 was alleged to have been tainted by alleged leakage of the
question paper. The said examination was, therefore, cancelled. On February 1, 2004, a meeting of the CAT group was
held and the entire procedure for the CAT was reviewed. It is also further
explained in regard to the several stringent measures in respect of security of
the printing process, security for booklets, test construction security,
on-site security, review of administrative procedures for test administration,
deployment of faculty and oversight staff, transportation security, secure
internal communication systems, storage of question papers and answer sheets
and security audit in a manner so as to ensure the sanctity of the examination
process while at the same time not inconveniencing the student community. Since
adequate and satisfactory steps have already been taken for securing the
sanctity of the admission process and by recording the confidential report
submitted by the Union of India, we express our sincere hope that the steps
taken by the Union of India continued to be implemented strictly in letter and
writ petition stands disposed of accordingly. No costs.