Madhya Pradesh High Court
Raziya Sultana vs The State Of Madhya Pradesh on 10 January, 2020
Author: S.C.Sharma
Bench: S.C.Sharma
HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
W A No. 1216 / 2019
RAZIYA SULTANA VS. STATE OF M.P. AND THREE OTHERS
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INDORE, Dated : 10/01/2020
Mr. Akhil Godha, learned counsel for the petitioner.
Mr. Vinay Gandhi, learned counsel for the respondent
State.
Mr. Vikram Bhatnagar, learned counsel for the
respondent No.2.
Mr. Akhilesh Kumar Saxena, learned counsel for the
respondent No.3.
The present Writ Appeal is arising out of order dated
17/6/2019 passed in Writ Petition No. 23939/2018 (Raziya
Sultana Vs. State of Madhya Pradesh and others).
Facts of the case reveal that the appellant before this
Court has filed a Writ Petition being aggrieved by the order dated 14/9/2018 by which her selection to the post of Assistant Auditor was cancelled for want of biometric verification.
The undisputed facts also reveal that an advertisement was issued for the post of Group 2 (Sub-Group 2) Combined Recruitment Test 2007 for the post of Assistant Auditor, Assistant Account Officer, Accountant and other equivalent posts. The examination was conducted by the respondent No.2 - M. P. Vyavsayik Pariksha Mandal (earlier known as 'Professioanl Examination Board). The appellant before this Court did appear in the examination, as stated in the Writ Petition as well as in the Writ Appeal. At the examination centre she was directed to sign the attendance sheet, HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE W A No. 1216 / 2019 RAZIYA SULTANA VS. STATE OF M.P. AND THREE OTHERS
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videography of the candidates was done, thumb impression was taken. However at the relevant point of time when her thumb impression was taken by the authorities there was a mismatch of the thumb impression in the Aadhar Card and the thumb impression which was taken at the time of examination centre and in those circumstances her candidature was cancelled. The petitioner being aggrieved by the order dated 14/9/2018 came up before this Court and only because her biometric verification done by the Centre for Research and Industrial Staff Performance (CRISP) failed her candidature was rejected. The learned Single Judge has dismissed the Writ Petition.
Before this Court it was vehemently argued that the petitioner did appear in the examination, hand writing was in existence on the admit card, her CCTV footage was in existence, there was videography done and the petitioner and only because there was some mismatch in the thumb impression and the impression taken at the examination centre she could not have been deprived of the result in respect of the examination in question and in those circumstances this Court vide order dated 16/12/2019 has directed the Inspector General of Police, CID, Bhopal to conduct an enquiry and to find out whether the petitioner has actually appeared in the examination or not. The order dated 16/12/2019 reads as under :
HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE W A No. 1216 / 2019 RAZIYA SULTANA VS. STATE OF M.P. AND THREE OTHERS
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Indore, Dated : 16-12-2019 Parties through their counsel.
The Officer In-charge of the Professional Examination Board is present. She has handed over the original admit card, which contains handwriting of the candidate - Raziya as well as her thumb impression. Signature of Raziya, is also in existence on the attendance sheet.
The only issue which requires consideration is, whether she has appeared in the examination or not ?.
The same can be verified on the basis of the thumb impression on the admit card, the handwriting and her signature and, therefore, the admit card, which has been handed over to this court be handed over to Shrinivas Verma, IPS Police Headquarter who in turn will obtain a report from the Government Finger Print and Handwriting Expert (Home Department) and shall submit a report keeping in view the thumb impression, the handwriting and the signature of the petitioner.
Let the report be handed over to this court positively within two weeks.
The admit card has been handed over back to Dr. A. Hemlata in a sealed cover. She will hand over the same to Shrinivas Verma, IPS.
Dr. Hemlata and the petitioner will appear before Shri Nivas Verma, IPS on 20.12.2019 at PHQ. Dr. Ms. Hemlata, appearing for the respondent No.2 shall also make available the CCTV footage and the photograph of the petitioner, which was taken at the time of examination at the examination centre, to Shrinivas Verma, IPS.
The non appearance of the respondent is condoned. The bailable warrant issued by this court is recalled. List the matter on 10.1.2020.
A detailed and exhaustive enquiry report has been submitted in the matter and the Inspector General of Police based upon the report of hand-writing expert (Government Examiner) has categorically stated that it is the petitioner who has appeared in the Combined Recruitment Test 2017 on 21/01/2017. The report submitted by the Inspector General of Police, CID, PHQ, Bhopal is supported with documents. The report also reveals that the CCTV footage also confirms appearance of the petitioner in the Combined Entrance Test 2017.
It is unfortunate that career of a candidate was being crushed by the respondents without any cogent reason. The HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE W A No. 1216 / 2019 RAZIYA SULTANA VS. STATE OF M.P. AND THREE OTHERS
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report submitted by the Inspector General of Police Shri D. Sreenivasa Varma, reads as under :
Inquiry Report IN THE MATTER OF:
APPELLANT: Raziya Sultana D/o Abdul Sattar Sheikh, 27 yrs. R/o Flat No. 201, Sana Apartment, Nandanvan Colony, Manik Bagh Road, Indore Versus RESPONDENT: State of Madhya Pradesh & others Subject:- Inquiry Report in the matter of ascertaining the veracity of the handwritings, signature and thumb impression of the petitioner Ms. Raziya Sultana available on Admit Card for the Combined Recruitment Test - 2017 and its related Attendance Sheet dated 21.01.2017 - reg.
Ref.:- The Hon'ble Court's order dated 16.12.2019 in the matter of Criminal Appeal No. 1216 of 2019.
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In compliance with the above referred order passed by the Hon'ble High Court, Bench at Indore (M.P.), I, the undersigned has conducted an inquiry for ascertaining the veracity of the handwritings, signature and thumb impression of the petitioner Ms Raziya Sultana, available on the Test Admit Card (Part-II) of the Combined Recruitment Test - 2017 and also on the Attendance Sheet dated 21.01.2017. As per the directions of the Hon'ble High Court, in order to ascertain the appearance of the petitioner in the Combined Recruitment Test-2017, the genuineness of the handwritings, signature and thumb impression on the said questioned documents, were compared with the specimen handwritings, signature and thumb impression and expert's reports were obtained in this regard.
The results of the inquiry are as under:-
1. During the course of the inquiry the petitioner Ms Raziya Sultana appeared before the undersigned on 20.12.2019 in compliance with the Hon'ble Court's order dated 16.12.2019 and her specimen signatures and handwritings (S-1 to S-12) have been duly collected in the presence of witnesses. The specimen signatures and handwritings of the petitioner Ms Raziya Sultana are enclosed herewith as Annexure-1.
2. The questioned documents, i.e., the Admit Card and Attendance Sheet along with the specimen handwritings and signatures of the petitioner have been sent to the Govt. Examiner of Questioned Document (GEQD) for comparison of the same. The questioned documents are enclosed herewith as Annexure-2.
3. The GEQD vide his report dated 24.12.2019 opined that the HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE W A No. 1216 / 2019 RAZIYA SULTANA VS. STATE OF M.P. AND THREE OTHERS
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person who wrote the handwritings and signatures on the specimen documents also wrote the handwritings and signatures on the questioned documents i.e. on the Admit Card and Attendance Sheet. Thus, handwritings and signature on the Admit Card and signature in the column corresponding to the sl. no. 228 on the attendance sheet were written by petitioner Ms Raziya sultana. The GEQD report dated 24.12.2019 is enclosed herewith as Annexure-3.
4. During the course of the inquiry a certified copy of the finger print examination report dated 04.09.2019 has also been collected from the State Finger Print Bureau, SCRB, Bhopal and the same is also enclosed herewith as Annexure-4. It is pertinent here to mention that earlier a detailed finger print verification was already conducted in respect of the thumb impression of the petitioner. As per the aforesaid report the specimen thumb impression of the petitioner was found to be insufficient for drawing any conclusion after comparing with the corresponding specimen thumb print, on account of it being blurred and incondite. Thus, as per the aforesaid report no conclusion could be drawn about the thumb impression of the petitioner Ms Raziya Sultana.
5. As per the direction of the Hon'ble High Court the CCTV footage has also been furnished by Dr A Hemlata to the undersigned. The inspection of the CCTV footage also confirms the appearance of the petitioner in the Combined Entrance Test-2017 held on 21.01.2017. The print out of the CCTV footage along with date and time stamp is enclosed as Annexure-5.
Thus, the inquiry has disclosed that the petitioner Ms Raziya Sultana had appeared in the Combined Recruitment Test-2017 held on 21.01.2017. The inquiry report is submitted herewith for perusal of the Hon'ble High Court.
Enclosures:- As above (Annex. 1 to 5) (D. Sreenivasa Varma) Inspector General of Police CID, PHQ, Bhopal In the light of the aforesaid report, it can safely be gathered that it was the petitioner who has appeared in the examination and, therefore, she is entitled for declaration of result and in case she finds a place in the merit list, she is also entitled for consequential appointment with all consequential benefits including backwages. The respondents shall declare her result within 60 days and shall issue appointment order also in case the petitioner finds HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE W A No. 1216 / 2019 RAZIYA SULTANA VS. STATE OF M.P. AND THREE OTHERS
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place in the merit list within 60 days.
Resultantly, the Writ Appeal is allowed and disposed of. The impugned order dated 14/9/2018 passed by the respondent No.1 is quashed with cost of Rs.1.00 lac to be paid by the respondent No.1 to the petitioner within a period of 60 days from today. The judgment delivered by the learned Single Judge is also set aside. The report received along with all original documents be kept in a sealed cover and shall form part of the record of the case.
(S. C. SHARMA) (SHAILENDRA SHUKLA)
JUDGE JUDGE
KR
Digitally signed by Kamal Rathor
Date: 2020.01.13 14:11:53 +05'30'