Re-examination must in case of leakage of question paper: NEW DELHI: At a time when leakage of question papers continue to mar examinations, the Supreme Court has ruled that re-examination is a must in such situations to keep the sanctity of the selection process intact.
An examination gets botched up not only when there is largescale copying or leakage of the entire question paper. "Even a minute leakage of question paper would be sufficient to besmirch the written test," said a Bench comprising Justices Aftab Alam and K S Radhakrishnan in a recent judgment.
And it firmly ruled that the only option available with the examination authorities was "to go for a re-test so as to achieve the utlimate object of fair selection", it said.
The apex court was dealing with a petition filed by the chairman of the All Indian Railway Recruitment Board challenging a judgment of the Andhra Pradesh High Court, which had faulted the Board's decision to hold a re-test for recruitment of candidates for Group-D posts at Secunderabad in 2003 after allegations of various irregularities, including leakage of question papers.
Pursuant to the advertisement, over 10 lakh persons applied but only 5.86 lakh candidates were called to appear for the written test. From them, 2,690 were selected to appear in the physical efficiency test (PET) in February 2004. But, several complaints were received alleging that leakage of question papers and that the candidates indulged in mass copying in some centres.
An inquiry by the vigilance department found prima facie evidence of leakage of question papers, mass copying and impersonation of candidates in the written test. On the basis of the vigilance report, the Board ordered a fresh written test for the candidates.
Those who figured in the 2,690 selected candidates moved the HC saying the re-test should be confined to them. The HC had found merit in their argument and said the "decision taken to conduct a re-test was arbitrary, illegal and unreasonable."
Allowing the appeal by the Board, the apex court Bench said: "The HC was in error in holding that the materials available relating to leakage of question papers was limited and had no reasonable nexus to the alleged largescale irregularity." It upheld the Board's decision to conduct the second written test.
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