Niharika Tiwari Vs. The State of Madhya Pradesh and others
Madhya Pradesh High Court (Division Bench (DB)- Two Judge)
WRIT PETITION, 6768 of 2015, Judgment Date: Jul 04, 2017
Law laid down -
The OMR answer sheets having scanned twice one after, interpolation in the OMR answer books was found to be a justified case for use of unfair means and thus order of cancellation of admission was maintained.
Use of white fluid in the OMR answer sheets have been found to be valid invocation of unfair means as except the black ballpoint pen and the admit card no other accessories were permitted in the examination hall, therefore, the find recorded by the Vyapam that the answer sheet with use of white fluid has been scanned after interpolation in the OMR answer book cannot be said to be illegal.
The third set of cases where OMR answer sheet was interpolated even before the first scanning, such finding of interpolation was recorded on the basis of use of different pens. The finding of Vyapam that the percentage of correct answers with second pen which was more than 96%, even in such cases, the decision of the Vyapam for cancellation of admission was upheld. It was held that in exercise of powers in judicial review, the finding of the examining body regarding fraud cannot be said to be illegal.
It was also held that the Civil and criminal proceedings are mutually exclusive and civil action on the same set of facts in respect of which criminal case has been registered is not an impediment. The action of cancellation of the result on account of use of unfair means is a civil action, whereas conspiracy in manipulating the result is a criminal proceedings.
Niharika Tiwari Vs. The State of Madhya Pradesh and others
For the Latest Updates
Join Now