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Madhya Pradesh High Court

Satya Prakash Patel vs The State Of Madhya Pradesh on 3 October, 2017

                         WP. No. 6237/2016
                         WP. No. 2839/2017
                         WP.No. 2840/2017
                         WP.No. 2841/2017
                         WP.No. 2842/2017
                                  1


03.10.2017
     Shri Amit Lahoti, learned counsel for the petitioners.
     Shri     Pravin      Newaskar,        learned        Government
Advocate for the respondent/State.

Smt. Nidhi Patankar, learned counsel for respondent/GR Medica College.

Shri D.S.Chouhan, learned counsel for respondent/ Central Bureau of Investigation.

In these batch of petitions, the petitioners question the proprietory of the order dated 19.4.2017, whereby the candidature of the petitioners to MBBS Course has been cancelled on the ground that the signature in OMR Sheet and RASA does not match and there is a mismatch of photograph.

During the course of hearing it is pointed out by learned counsel for the petitioners from the return filed by Central Bureau of Investigation and statement made by them in paragraph 4, that the OMR and RASA of the petitioners were sent by SIT Gwalior to State Examiner of Questioned Document (SEQD) Bhopal for forensic examination and expert opinion. It is further stated that the opinion of SEQD Bhopal was received on 7.6.2014, which reveals that accused/petitioners had signed on OMR and RASA themselves, indicating thereby that they appeared in the said examination. In respect of WP. No. 6237/2016 WP. No. 2839/2017 WP.No. 2840/2017 WP.No. 2841/2017 WP.No. 2842/2017 2 photographs it is stated that same has been forwarded to the Photo Expert for analysis/opinion and the report of the Photo Division Expert is awaited. It is contended that the return was filed on 16.5.2017. However, till date the respondent/CBI has not revealed the status.

Learned counsel for the respondent/CBI was called upon as to what is the present status qua the report of Photo Expert. He expresses the ignorance and submits that presently he is not aware of the present status.

In view whereof, let these matters be placed in the next week to enable the respondent/CBI to file the report as to the opinion given by the Photo Expert in respect of the photographs on OMR Sheet, Form and Test Admit Card.

Let a typed copy of the order be served on learned counsel for the respondent/CBI.

             (Sanjay Yadav)                         (S.K.Awasthi)
               Judge                                    Judge
(yog)