RAJ KUMAR GUPTA versus UNION OF INDIA AND ORS.

Citation: [2007] 1 S.C.R. 1085 · Decided: 17-01-2007 · Supreme Court of India · Bench: AR. LAKSHMANAN · Disposal: Disposed off

Judgment (excerpt)

RAJ KUMAR GUPTA 
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v. 
UNION OF INDIA AND ORS. 
JANUARY 17, 2007 
[DR. AR. LAKSHMANAN AND V.S. SIRPURI<.AR, JJ.] 
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Education/Educational Institutions 
Entrance examinations-
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Leakage of question papers-Causing harassment to parents and students-
Writ petition-Report submitted by Union of India-Held : Union of India 
having taken concrete steps to maintain secrecy and sanctity of the c 
examinations, writ petition disposed of-Public Interest Litigation. 
Frequent leakage of question papers shook confidence of honest 
students and their parents on the system and caused them great harassment 
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and depression. Petitioner filed public interest litigation. Union of India 
filed counter affidavit through its Secretary, Central Board of Secondary 
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j. 
Education and respondent No. 2 through its Under Secretary, Department 
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of Secondary and Higher Education, Ministry of Human Development. 
Union of India filed a report in sealed cover regarding the security 
measures taken by the Combined Admission Test Group of various IIMs. 
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Disposing of the writ petition, the Court 
HELD: 1. On perusal ofreport it is found that the Union oflndia has 
taken concrete steps in order to maintain the secrecy and sanctity of the 
examinations. lo view of the leakage of All India Pre-Medical/Pre-Dental 
Entrance Examination, 2004 question paper, Central Board of Secondary 
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Education reviewed and scrutinized its system to prevent re-occurrence of 
such incidence and introduced additional measures of security. Entrance 
exam was rescheduled and conducted successfully. Respondent No. 2 stated 
that CAT, 2003 was alleged to have been tainted by alleged leakage of the 
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question paper, Examination was cancelled and the entire procedure for the 
CAT was reviewed. Several stringent measures were taken in respect of 
security of the printing process, security for booklets, test construction 
security, on-site security, review of administrative procedures for test 
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administration, deployment of faculty and oversight staff, transportation 
security, secure internal communication systems, storage of question papers 
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1085 
1086 
SUPREME COURT REPORTS 
[2007] 1 S.C.R 
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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 Union oflndia, it is hoped thatthe steps 
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taken by Union oflndia continued to be implemented strictly in letter and 
spirit. [Paras 5 and 6] [1087-D-F, 1088-A-B] 
CIVIL ORIGINAL JURISDICTION : Writ Petition (Civil) No. 223 of2004 
UNDER AR TI CLE 32 OF THE CONSTITUTION OF INDIA 
S.S. Tiwari, Mukul Dubey, Amit Mehra, Shashank Anand and Mridula 
Ray Bharadwaj for the Petitioner. 
Tara Chandra Shanna, Neelam Shanna, Lakshmi Raman Singh and 
P.Parmeswaran for the Respondents. 
Gopal Subramanium, A.S.G., T. Srinivasa Murthy and Sushma Suri for 
U.O.I. 
The Judgment of the Court was delivered by 
DR.AR.LAKSHMANAN,J.: l.HeardMr. S.S. Tiwari,leamedcounsel 
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 
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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. 
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2. 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 Resource Development, New Delhi. 
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3. When the matter was listed on 20.11.2006, we directed the Union of 
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RAJ KUMAR GUPTA v. U.O.l. [LAKSHMANAN, J.] 
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India to file an affidavit along with annexures in the sealed cover. On 
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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 vari

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