TANVI SARWAL versus CENTRAL BOARD OF SECONDARY EDUCATION AND . ORS.

Citation: [2015] 7 S.C.R. 780 · Decided: 15-06-2015 · Supreme Court of India · Bench: R.K. AGRAWAL · Disposal: Case Allowed

Cited by 2 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

A 
B 
[2015]7 S.C.R. 780 
TANVI SARWAL 
v. 
CENTRAL BOARD OF SECONDARY EDUCATION AND 
. ORS. 
(Writ Petition (Civil) No. 298 of 2015) 
JUNE 15, 2015 
[R. K. AGRAWAL AND AMITAVA ROY, JJ.] 
c 
Education: 
Pre-Medical and Pre-Dental Entrance Test 2015-16 
- Held by Central Board of Secondary Education (CBSE) -
Use of unfair means and malpractices through electronic 
0 
gadgets and devices, at the behest of a syndicate for unlawful 
gang - Writ petitions u/Arl. 32 in public interest, seeking 
annulment of the examination and direction for holding fresh 
examination - Plea of State and CBSE that holding of fresh 
examination would upset the time-schedule fixed by 
E Supreme Courl in Mridual Dhar and Priya Gupta cases and 
that instead of scrapping the whole examination, action may 
be taken against the already identified beneficiaries of the 
malpractice - Held: The examination suffers from an 
infraction of its expected requirement of authenticity and 
~""''·· .; 
F credence - In view of the disclosures in the investigation, the 
benefit of the malpractice has been availed by several 
candidates though only 44 candidates have been identified 
- In order to secure and sustain the confidence of the public 
in general and student fraternity in parlicular, in the system, 
G the examination cannot be sustained - Annulment of the 
examination in view of the fact that it is vitiated due to use of 
deceitful means, would not be repugnant to the renderings 
in Mridua/ Dhar and Priya Gupta cases- CBSE directed to 
hold the fresh examination within a period of four weeks. 
H 
780 
TANVI SARWAL v. CENTRAL BOARD OF SECONDARY 781 
EDUCATION AND ORS. 
Allowing the writ petitions, the Court 
HELD: 1. In view of the revelations in course of 
the investigation, it is apparent that the examination 
indeed have been exposed to a deep rooted conspiracy 
A 
of a gang of persons who with the aid of electronic B 
devices have been able to access the beneficiary 
candidates with the answer keys during the test so as 
to enable them to solve the question paper. This, as the 
investigation discloses, was on the basis of a 
premeditated design and the benefit has been extended C 
on monetary consideration. These, are gathered from the 
status reports submitted before this Court from time to 
time, the authenticity whereof has not been questioned. 
The disclosures, are startling and alarming as well. The 
status reports disclose involvement of persons who had D 
been similarly involved in such a strategy and are the 
beneficiaries thereof. The investigation in the cases 
registered has progressed well and having regard to the 
magnitude of the exercise involved, some more time 
would be necessary to complete t~e same in all respects. E 
[Para 13] [807 -D-G] 
,,.. r 
2. The disclosures in the investigation suggest 
that the benefit of answer key has been availed by several 
candidates taking the examination, by illegal means. F 
c 
Though as on date, 44 such candidates have been 
identified, having regard to the modus operandi put in 
place, the numbers of cell phones and other devices 
used, it is not unlikely that many more candidates have 
availed such undue advantage, being a part of the G 
overall design and in the process have been unduly 
benefited qua the other students who had made sincere 
and genuine endeavours to solve the answer paper on 
the basis of their devoted preparation and hard labour. H 
782 
SUPREME COURT REPORTS 
[2015] 7 S.C.R. 
A In view of the widespread network, that has operated, 
as the status reports disclose and the admission of the 
persons arrested, including some beneficiary 
candidates, and in view of the strong possibilities of 
identification of other candidates as well involved in 
B such mal practices, the examination has become a 
suspect It is necessary, for all the role players in the 
process, to secure and sustain the confidence of the 
public in general and the student fraternity in particular, 
in the system, by its unquestionable trustworthiness. 
C There cannot be any compromise with these imperatives 
at any cost. [Para 15] [808-C-F, G-H; 809-A] 
3. In view of the status reports, it is held that the 
examination involved, suffers from an infraction of its 
D expected requirement of authenticity and credence. 
Every examination being conducted by a human agency 
is likely to suffer from some shortcomings, but deliberate 
inroads into its framework of the magnitude and the 
nature, as exhibited, in the 

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