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CASE NO.: Appeal (civil)  223 of 2004

PETITIONER: Raj Kumar Gupta

RESPONDENT: Union of India & Ors

DATE OF JUDGMENT: 17/01/2007

BENCH: Dr. AR. Lakshmanan & V.S. Sirpurkar

JUDGMENT: J U D G M E N T

WRIT PETITION (CIVIL) NO. 223 OF  2004

Dr. AR. Lakshmanan, J.

Heard 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.   The 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.         This 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.         When 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.         On 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.         We 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

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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 17.04.2004.         We 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 spirit.         The writ petition stands disposed of accordingly.  No  costs.