Madhya Pradesh High Court
Jyoti Koshti vs The State Of Madhya Pradesh on 2 November, 2017
THE HIGH COURT OF MADHYA PRADESH
WP-17507-2017
(JYOTI KOSHTI Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 02-11-2017
Shri R.S. Thakur, learned counsel for the petitioner.
Shri Deepak Awasthy, learned Dy. Advocate General,
with Ms. Janvi Pandit, learned Govt. Advocate for the
respondents/State.
Petitioner one of the 2947 candidates appearing for the post of Subedar-cum-Stenographer conducted by the Police Department has approached this Court taking exception to the cancellation of examination by the order dated 05.08.2017 passed by respondent No.2 inter alia contending that petitioner is an honest candidate has taken the examination very seriously but without issuing any notice and opportunity of hearing, the examinations have been cancelled in toto. As such, petitioner's fundamental rights under Article 14 is frightfully violated. Despite the fact, the petitioner qualified the test as he has performed very well in the examination, he is denied the fruits of success in the said examination.
Learned counsel relies upon the judgment of the Supreme Court in the case of State Bank of India vs. Palak Modi (2013)3 SCC 607.
Per contra, Shri Awasthy submits that as a matter of fact, there was mass scale irregularities in the examination held, therefore, after investigation an enquiry was constituted and during the course of enquiry serious irregularities were found vis-a-vis there were interpolations and whiteners were used in the answer-sheets and in case of the petitioner in particular, the dictation given and written by the petitioner was found at variance. As such, there were serious irregularities. Looking to such facts and circumstances, the entire examination has been cancelled.
Learned counsel for the respondents-State relies upon the judgment of the Supreme Court in the case of Nidhi Kaim vs. State of M.P. reported in (2016) 7 SCC 615 which relates to irregularities arising out of unfairness, cheating, leakage of question paper, cancellation examination, mass copying, using of unfair means, etc. on a large scale, wherein, the Supreme Court has upheld the order of the High Court sustaining the order of cancellation of examination, a case popularly known as Vyapam Scam of the Madhya Pradesh. The judgment cited applies with full force to the fact situation at hand. Hence, no exception thereto can be taken.
Learned counsel further submits that it is a settled law that in the case of Mass Scale Irregularities in the examination, no individual notice is required to be issued to the examinees before cancellation of the examination. Hence, the contention of the petitioner that he was denied notice and opportunity of hearing cannot be countenanced. With the aforesaid submissions, learned counsel prays for the dismissal of the writ petition.
In view of the facts and circumstances of the case, the judgment relied upon by the petitioner is miserably misplaced and is not applicable to the facts of the present case as judgment in question relates to termination of a probationer in violation of principles of natural justice and the said termination being stigmatic in nature. In the opinion of this Court, once the respondents after investigation and enquiry have found serious irregularities in the eligibility test for Subedar-cum- Stenographer Hindi and cancelled the examination, no illegality or irregularity is found to have been committed.
The writ petition sans merits is hereby dismissed.
(ROHIT ARYA) JUDGE sp/-