TANVI SARWAL V. CENTRAL BOARD OF SECONDARY EDUCATION AND ORS

CITATION	2015 (6) SCC 573
DATE OF JUDGEMENT	15th June, 2015
COURT	SUPREME COURT OF INDIA
PETITIONER	TANVI SARWAL
RESPONDENT	CENTRAL BOARD OF SECONDARY       EDUCATION AND ORS
BENCH	JUSTICE AMITAVA ROY AND        R.K. AGARWAL

INTRODUCTION:

The case of “Tanvi Sarwal v. Central Board of Secondary Education and ors” revolves around a critical legal dispute concerning the unfair means and malpractice in examination especially in All India Pre-medical/ Pre-dental entrance test (AIPMT). The issue arose when the answer key for 90 questions of above said examination were leaked to examinees in consideration of an enormous amount. The contemporary legal dispute focused on whether to validate or nullify the exam? Since the malpractice questioned the transparency of exam among the general and student community. This case holds a pivotal importance in demonstrating the consequences of unethical behaviour among students and ensures bringing in stringent measures for conducting exams. The judgement emphasised the irrefusable sanctity and integrity in the process of examination as the student fraternity have endeavoured their genuine hard labour for excelling in exam and thwarts unscrupulous activities.

FACTS OF THE CASE:

 The CBSE was conducting the All-India Premedical/Predental Entrance Test which is to adhere to the rules and regulations framed by the Ministry of Health and Family Welfare, Government of India further the said examination should be organised for 15% All India quota seats. Thereafter CBSE put forward the merit list to the Director General of Health Service and all the participating states/institutions/Universities in order to facilitate the college admission process.

CBSE issued the notice of conducting the AIPMT for the academic year 2015-2016 stating the exam is scheduled on 03.5.2015 between 10.00 a.m. to 1.00 p.m. As per the timetable, the said exam was attended by more than six lakh students in 1050 centres all over the country. Forthwith thereafter on 4th May,2015 a news report surfaced regarding that 90 answer keys had been disseminated to examinees during the examination in consideration of 15 to 20 lakhs. 

Concurrently Rohtak police had arrested 7 persons which included 2 doctors and 1 MBBS student for conspiracy of transmitting the answer keys. An investigation by police officers disclosed that the arrested individual has collaborated with others and arranged vests equipped with SIM cards along with Bluetooth devices. The divulgence investigation had revealed the malpractice done during the examination, having been devasted by corruption the petitioner had filed a writ petition under Article 32 of the Constitution of India to declare the exam null and void.

ISSUES RAISED:

      1. Whether AIPMT examination should be annulled?

      2. Whether the CBSE should be held liable for the malpractice done by the candidates?

CONTENTIONS OF PETITIONER:

1. The Petitioner contended that it is evident from the investigation that it is premeditated cheating done with the support of a wide range of networks by a group of unscrupulous persons with electronic gadgets.
2. The Petitioner asserted that the disclosure made by the accused persons as having arranged a meeting with Roop Singh in his house where the amount of Rs 20 Lakhs each would be taken from the candidate to qualify their exam stands as a testament to malpractice.
3. The Petitioner emphasized that only 44 beneficiaries of the scheme have been found out till this date of investigation hence non-identification of other beneficiaries cannot be a defence to validate the exam.
4. The petitioner contended that investigation has revealed that the same modus operandi had been used by Vijay Yadav and Rahul Verma who were earlier candidates to qualify for the AIMPT exam.
5. The Petitioner maintained that such a demonic and outrageous activity have deprived the sanctity of examination hence the beneficiaries who remain unidentified cannot over rank their fellow candidate who are not party to the fraud and cannot make them suffer.
6. The Petitioner challenged the All-India Pre-medical/Pre-dental Entrance Test to maintain the faith of the existing system of examination, the said AIMPT exam should be cancelled.

CONTENTIONS OF RESPONDENT:

1. The Respondent contended that CBSE had taken all the precautions to conduct the examination in a just and equitable manner and in compliance with the law and therefore the board cannot be liable for any negligence.
2. The Respondent insisted that though in the progress of the investigation, some of the beneficiaries had been recognised it remains only 44 individuals of which cannot hold a basis for cancelling the whole process of examination.
3. The Respondent argued that in such an eventuality, having regard to the schedule fixed by this Court and in the interest of other six lakh students, the results of these identified beneficiaries can be kept withheld and the process be allowed to proceed to its logical end.
4. The Respondent emphasized that by the stand of the board if the examination is cancelled it would require at least four months to conduct the same by the reason of infrastructural and other imperatives.
5. The Respondent maintained that CBSE cannot be held liable for the deceitful operation and highlighted the consequences in case the exam has been cancelled.

JUDGEMENT:

The Supreme Court opined that the examination has exposed the deep-rooted conspiracy of gangs which have aided the beneficiary candidates with the answer keys during the test with the help of electronic devices, allowing them to complete the question paper. The Supreme Court corroborated that the beneficiaries had a premeditated design and have given monetary consideration are also persons similarly involved in such a strategy. According to information revealed throughout the investigation, multiple test-takers may have obtained the answer key through unethical means. Even though 44 candidates have been found, in consideration of the cell phones and other electronic devices captured it is possible many more students may have benefitted. The Apex court reiterates the above point and of the accused person and some beneficiaries. Even if, one undeserving candidate, a beneficiary of such illegal machination, though undetected is retained in the process it would be in denial of, the claim of more deserving candidates. The Supreme Court with no hesitation has ordered that the All India Pre-Medical / Pre-Dental Entrance Test be cancelled and directed the CBSE to examine within 4 weeks by all the prescribed norms. Further, the court observed that till this stage of the investigation, there is no conscious lapse on the part of the board and hence CBSE cannot be held liable for malpractice.

ANALYSIS:

1. Malpractice in examination and its validity: The case delves into the illegal act done in the AIMPT exam which promptly questions the legitimacy of the exam. The CBSE as a conductor of the exam is under a legal duty to preserve the genuineness of the entrance test.
2. Dispute on the validity of the exam: The central dispute, in this case, is whether the AIMPT exam should be cancelled. The crucial point of contention was whether the board would be liable for the illegal act and malpractice done during the examination.
3. Role of CBSE: The presence and actions of the CBSE were scrutinized. The respondent argued that the board has taken all the precautions to conduct the exam fairly and cannot be held liable for dereliction of duty. Further, their compliance with the law and other standards of organizing exams had been adhered to.
4. Ratio Decidendi and Precedents: The non-identification of beneficiaries of the scheme cannot be a loophole to validate the exam. As every exam is conducted by a human agency there may be shortcomings in the exam. From the precedents, it is observed that there are only two possibilities either to segregate the 44 identified beneficiaries and withhold their results or to directly annul the exam.
5. Accountability: The Court examined the status report submitted by police officers and determined the AIMPT exam suffers from transparency it degrades the genuine efforts put in by other students and reiterates the conspiracy involved who have to be punished for the same.
6. Court’s Final Verdict: The Apex court scrutinized the report and ordered the AIMPT exam should be cancelled and directed CBSE to conduct the exam within four weeks.

CONCLUSION:

In conclusion, the case Tanvi Sarwal v. Central Board of Secondary Examination, 2015 establishes a crucial legal precedent in the realm of the All-India examination. It highlights the responsibility of the conductor of the exam and the consequences of malpractice by unscrupulous persons in national-level examinations. The decision holds a prominent place while upholding the sanctity of the existing academic system.

REFERENCE:

https://indiankanoon.org/

This Article is written by Mahalakshmi. k student of School of Excellence In Law (SOEL), Intern at Legal Vidhiya.

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