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Out of those 37 candidates 34 candidates have filed the present OA. With respect to each of the candidates SCN was issued, referring to specific facts and violation of specific instructions given on the reverse of the OMR sheet particularly with respect to bubbling of the OMR sheet which the machine could not have evaluated automatically by scanning, and without the manual interference at the behest of the candidates with the connivance with the officials of the CMC limited. After considering the representation each of the applicants orders were passed giving details of the consideration of the representation and the malpractice in which they were involved vide order dated 11.01.2018. The malpractice alleged with respect to each of the candidates is enumerated in the OA itself at para 4.15 which is extracted below:-

                                                                   sheet should not have
                                                                   been evaluated. Thus
                                                                   clear        case         of
                                                                   malpractice.
6.    Shiv Kumar (Applicant    The applicant did not bubble        The applicant did not
      no.6)                    question booklet no.                provide information on
                                                                   serial no. 6 of OMR
                                                                   sheet. Thus the OMR
                                                                   sheet was evaluated
                                                                   manually. Thus there is
                                                                   a clear indulgence in
                                                                   malpractice.
7.    Santosh Kumari           The applicant has not written       The      applicant       had
      (Applicant No.7)         question booklet series and         wrongly     filled/left    a
                               wrongly marked roll no in OMR bubble blank in the
                               sheet.                              space provided for roll
                                                                   no. Hence the answer
                                                                   sheet is invalid and the
                                                                   same should not have
                                                                   been evaluated. Thus a
                                                                   clear        case         of
                                                                   malpractice.
8.    Sajan (Applicant No.8)   The applicant used fluid at         The fluid was used by
                               option B while marking the          the applicant and he
                               answer of question no. 78 in        has been awarded one
                               part D of OMR in part D of OMR      mark for the changed
                               sheet and he further marked         answer. Thus awarding
                               answer C with pen and got           one     mark       for   the
                               awarded one mark. As per            answer where the fluid
                               instructions no change/cutting      was used implies that
                               /over writing was permitted         the OMR sheet was
                               and correcting fluids should not    evaluated         manually.
                               be used.                            Thus a clear case of
                                                                   malpractice.
9.    Sunil Kumar (Applicant   The applicant did not bubble        The applicant did not
      no. 9)                   the question booklet no. in the     bubble question booklet
                               OMR answer-sheet under serial       no. in OMR sheet. Thus
                               no. 6.                              a     clear      case     of
                                                                   malpractice.
10.   Pankaj Rohilla           The applicant filled up the         The      applicant       was
      (Applicant No. 10)       wrong registration no. and also     allotted       registration
                               marked     wrong    bubble     in   no.DOP019530682
                               registration no. The applicant      Whereas he has written
                               did not give his own email ID.      his registration no. as
                                                                   DOPO15530682             and
                                                                   also marked           bubble
                                                                   accordingly. The OMR
                                                                   sheet        was         not
                                                                   evaluated by electronic
                                                                   means and the same
                                                                   has not only been
                                                                   evaluated        but     the
                                                                   applicant has also been
                                                                   declared        successful,




                                                                  which establishes the
                                                                  level of malpractice by
                                                                  the            examination
                                                                  conducting agency and
                                                                  the candidate.
                                                                  Thus     awarding        one
                                                                  mark for the answer
                                                                  where fluid was used
                                                                  implies that the OMR
                                                                  sheet was evaluated
                                                                  manually. Thus, there is
                                                                  clear malpractice.
12.   Sumeer Kumar              The applicant has not marked      The applicant has not
      (Applicant No. 12)        the question booklet no. in the   marked the question
                                OMR answer sheet.                 booklet no in the OMR
                                                                  answer sheet, which is
                                                                  in       violation         of
                                                                  instruction no. 5 given
                                                                  on the reverse of OMR
                                                                  sheet. These violations
                                                                  on the part of agency
                                                                  reiterate      that     OMR
                                                                  sheets       were         not
                                                                  evaluated automatically
                                                                  by the OMR scanning
                                                                  machine and the same
                                                                  is evaluated manually.
                                                                  Thus the applicant had
                                                                  indulged in malpractice.
13.   Rakesh Kumar              The applicant had marked/filled   The applicant had filled
      (Applicant No. 13)        up his registration number        up     his      registration
                                incorrect/incomplete on the       number            incorrect/
                                OMR answer sheet.                 incomplete in bubbles
                                                                  in the OMR answer
                                                                  sheet.     As     per     the
                                                                  instruction No. 2, his
                                                                  answer sheet should
                                                                  not       have          been
                                                                  evaluated, whereas the
                                                                  same was evaluated in
                                                                  violation of the laid
                                                                  down instructions which
                                                                  implies that the instant
                                                                  OMR        sheet         was
                                                                  evaluated         manually.
                                                                  Thus there is clear
                                                                  malpractice.
14.   Deepika Madan             The applicant has not written     The      applicant        has
      (Applicant No. 14)        her complete Roll No. on OMR      wrongly      filled/left    a
                                sheet.                            bubble blank in the
                                                                  space provided for roll
                                                                  no.     tantamount         to
                                                                  violation of instructions
                                                                  no. 2 mentioned at
                                                                  back of OMR answer
                                                                  sheet because answer
                                                                  sheet     was       to     be
                                                                  processed by electronic
                                                                  means i.e. computer,
                                                                  OMR      scanner       which
                                                                  means only bubbles
                                                                  /circle/ovals. Hence the
                                                                  answer sheet is invalid
                                                                  and should not have
                                                                  been evaluated. Thus
                                                                  there         is        clear




                                                                 malpractice.
15.   Sunil (Applicant No.15)   The applicant has not marked     The applicant has not
                                registration number in OMR       marked           registration
                                sheet.                           number in OMR sheet.
                                                                 The      applicant        has
                                                                 wrongly       filled/left    a
                                                                 bubble blank in the
                                                                 space      provided        for
                                                                 registration no. which
                                                                 tantamount to violation
                                                                 of    instructions       no.2
                                                                 mentioned at back of
                                                                 OMR       answer       sheet
                                                                 because answer sheet
                                                                 was to be processed by
                                                                 electronic means i.e.
                                                                 computer, OMR scanner
                                                                 which        means         by
                                                                 bubble/ circle /ovals.
                                                                 Hence the answer sheet
                                                                 is invalid and should
                                                                 not        have          been
                                                                 evaluated. Thus, there
                                                                 is clear malpractice.
16.   Sushil Kumar (Applicant   The applicant has marked         The applicant has filled
      No. 16)                   wrong registration No. and has   up wrong regn. No.
                                                                    Thus there is a clear
                                                                    indulgence                 in
                                                                    malpractice.
20.   Amit Rathee (Applicant     The     applicant  did   not       The applicant did not
      No. 20)                    encircle/bubble the question       encircle / bubble the
                                 booklet number in answer           question             booklet
                                 sheet.                             number       in      answer
                                                                    sheet. The OMR sheet
                                                                    were     not     evaluated
                                                                    automatically        by the
                                                                    OMR Scanning Machine.
                                                                    Thus there is a clear
                                                                    indulgence                 in
                                                                    malpractice.
21.   Parveen Kumar              The applicant used fluid at        The fluid was used by
      (Applicant No.21)          option A while marking answer      the applicant and he
                                 of question No. 41 in Part-B of    was awarded one mark
                                 OMR answer sheet. He further       for     the        changed
                                 marked answer C with pen and       answer. Awarding one
                                 got awarded one mark for it.       mark for the answer
                                                                    where fluid was used
                                                                    implies       conclusively
                                                                    that the OMR sheet was
                                                                    evaluated        manually.
                                                                    Thus there is clear
                                                                    malpractice.
22.   Anil Kumar (Applicant      The applicant has marked/filled    The     applicant        has
      no.22 )                    up wrong/incorrect registration    marked/filled up wrong/
                                 no in OMR answer sheet.            incorrect      registration
                                                                    no. in bubbles in OMR
                                                                    answer sheet, which is
                                                                    read    over      by     the
                                                                    scanner machine while
                                                                    marking       the       OMR
                                                                    answer       sheet        by
                                                                    electronic means i.e.
                                                                    computer. His answer
                                                                    sheet should not have
                                                                    been evaluated and the
                                                                    same was evaluated
                                                                    manually. Thus a clear
                                                                    case of malpractice.
23.   Ravinder (Applicant        The applicant used fluid at OMR    The applicant used fluid
      No.23)                     answer sheet and got awarded       at OMR answer sheet.
                                 marks    for   it    from    the   The OMR sheet was
                                 outsourcing agency.                evaluated        manually.
                                                                    Thus, there is clear
                                                                    malpractice       in     the
                                                                    instant case.
24    Renu (Applicant No.        The     applicant    has    not    The applicant has not
      24)                        marked/filled     in   question    marked     /     filled    in
                                 booklet number in bubbles on       question             booklet
                                 OMR answer sheet and she got       number in bubbles on
                                 same marks as obtained by          OMR     answer        sheet,
                                 group of eight candidates          which is read over by
                                 including her who got same         the scanner machine
                                 question paper series.             while marking the OMR
                                                                    answer       sheet        by
                                                                    electronic means i.e.
                                                                    computer.          As per
                                                                    instruction No. 2 her
                                                                    answer sheet should
                                                                    not       have         been




                                                                  evaluated whereas the
                                                                  same was evaluated in
                                                                  violation       of      the
                                                                  instructions          which
                                                                  implies that the OMR
                                                                  sheet was evaluated
                                                                  manually. Thus a clear
                                                                  case of malpractice.
25.   Hardeep (Applicant No.   The applicant used whitener/       The applicant has used
      25)                      fluid for marking roll no. and     whitener/fluid at oval
                               registration no in the OMR         portion at serial no. 2
                               sheet.                             and 3 in roll no. and
                                                                  registration       columns
                                                                  respectively. Thus it is
                                                                  clear       case         of
                                                                  malpractice.
26.   Sudhir (Applicant No.    The         applicant      used    The     applicant      used
      26)                      whitener/fluid     for  marking    whitener/fluid/cutting in
                               registration no. in OMR sheet.     figure and oval portion
                                                                  at serial no. 3 in
                                                                  registration       column.
                                                                  The     applicant      used
                                                                  rubber to erase the
                                                                  wrong digits and filled
                                                                  up the correct figures of
                                                                  registration no. Thus
                                                                  there is clear case of
                                                                  malpractice.
27.   Sanjay (Applicant        The applicant has not marked/      The applicant has not
      No.27)                   filled complete question booklet   filled in his question
                               no. on OMR answersheet.            booklet no. completely
                                                                  in bubbles in the OMR
                                                                  answersheet which is
                                                                  read     over     by    the
                                                                  scanner machine while
                                                                  marking       the      OMR
                                                                  answer       sheet       by
                                                                  electronic means. As
                                                                  per the instruction No.
                                                                  2 his answer sheet
                                                                  should not have been
                                                                  evaluated, whereas the
                                                                  same was evaluated in
                                                                  violation       of      the
                                                                  instructions          which
                                                                  implies that the OMR
                                                                  sheet was evaluated
                                                                  manually. Thus it is
                                                                  clear       case         of
                                                                  malpractice.
28.   Ishwar (Applicant No.    The applicant has marked/filled    The      applicant      has
      28)                      wrong roll no. on OMR answer       marked/filled       wrong/
                               sheet.                             incorrect roll no. in
                                                                  bubbles in OMR answer
                                                                  sheet which is read
                                                                  over by the scanner
                                                                  machine while marking
                                                                  the OMR answer sheet
                                                                  by electronic means i.e.
                                                                  computer. As per the
                                                                  instruction No. 2 his
                                                                  answer sheet should
                                                                  not       have         been
                                                                  evaluated, whereas the
                                                                  same was evaluated in
                                                                  violation       of      the
                                                                  instructions          which
                                                                  implies that OMR sheet
                                                                  was              evaluated
                                                                  manually. Thus it is the
                                                                  clear       case         of
                                                                  malpractice.




29.   Sandeep Kumar            Applicant     marked     wrong       The      applicant      has
      (Applicant No. 29)       registration no in the answer-       marked                wrong
                               sheet                                registration no in the
                                                                    answer sheet, it is
                                                                    mentioned         in     the
                                                                    instruction no. 2 and 14
                                                                    available on backside of
                                                                    OMR sheet that if the
                                                                    candidate has filled up
                                                                    an      incorrect        roll
                                                                    no/registration           no
                                                                    /question            booklet
                                                                    no/series        of      the
                                                                    question booklet, his
                                                                    answer       sheet       will
                                                                    become invalid and will
                                                                    be not be evaluated
                                                                    and       no        change/
                                                                    cutting/overwriting        is
                                                                    permitted               and
                                                                    correcting fluid should
                                                                    not    be     used.     The
                                                                    applicant wrote wrong
                                                                    registration no. The
                                                                    OMR        sheet        was
                                                                    evaluated        manually.
                                                                    Thus, it is clear case of
                                                                    malpractice.
30.   Yogesh (Applicant        The applicant has not marked         The applicant did not
      No.30)                   question booklet no. in the          mark question booklet
                               OMR answer sheet.                    no     in      the     OMR
                                                                    answersheet, which is
                                                                    in       violation         of
                                                                    instruction no. 5 given
                                                                    on the reverse of OMR
                                                                    sheet. The OMR sheet
                                                                    of the applicant was
                                                                    evaluated        manually.
                                                                    Thus the applicant not
                                                                    indulged                   in
                                                                    malpractices.
31.   Tarun Kumar (Applicant   The        applicant        used     The     applicant      used
      No.31)                   whitener/fluid in the       OMR      whitener in the OMR
                               sheet.                               sheet.       Thus        the
                                                                    applicant has indulged
                                                                    in malpractice.
32.   Deepak Chhillar          The applicant has marked his         It is mentioned in
      (Applicant No. 32)       roll no incorrectly by filling two   instruction no.2 that if
                               bubbles in the same column of        candidate has filled up
                               the roll no in OMR sheet.            incorrect       roll     no/
                                                                    registration            no./
                                                                    question booklet no
                                                                    /series     of     question
                                                                    booklet       then        his
                                                                    answersheet will not be
                                                                    evaluated.              The
                                                                    applicant marked two
                                                                    bubbles in the same
                                                                    column of the roll no.
                                                                    which implies that OMR
                                                                    sheet was evaluated
                                                                    manually which is the
                                                                    violation of instruction
                                                                    no. 5 of the instructions
                                                                    available       on       the
                                                                    backside of OMR sheet.
                                                                    Thus, it is a clear case
                                                                    of malpractice.





     33.    Sanjay Kumar               The applicant used fluid in the   It is mentioned in
            (Applicant NO. 33)         bubble meant for darkening the    instruction No. 14 of
                                       roll no in OMR sheet.             instructions available on
                                                                         back side of the OMR
                                                                         sheet that no change
                                                                         /cutting/overwriting is
                                                                         permitted              and
                                                                         correcting fluid should
                                                                         not be used. As per
                                                                         instruction    no.5      in
                                                                         instructions   at    back
                                                                         side of OMR sheet, the
                                                                         answer sheet was to be
                                                                         processed by electronic
                                                                         means i.e. computer.
                                                                         Awarding one mark for
                                                                         the answer where fluid
                                                                         was used implies that
                                                                         OMR        sheet       was
                                                                         evaluated      manually,
                                                                         thus it is a case of
                                                                         malpractice.
     34.    Dimpal Verma               The applicant used fluid in       It is mentioned in
            (Applicant No. 34)         marking roll no. in bubbles in    instruction no. 2 that if
                                       OMR sheet at serial No. 2 and     the applicant has filled
                                       used fluid in OMR sheet but       up the incorrect roll no/
                                       score was awarded.                registration no/series of
                                                                         question booklet no/
                                                                         question booklet no.,
                                                                         his answer sheet will be
                                                                         invalid and will not be
                                                                         evaluated.As mentioned
                                                                         in instruction No. 14 of
                                                                         instructions available on
                                                                         backside of carbonless
                                                                         copy of OMR sheet that
                                                                         no change        /cutting/
                                                                         overwriting is permitted
                                                                         and    correcting     fluid
                                                                         should not be used.
                                                                         The applicant used fluid
                                                                         and she has been
                                                                         awarded one mark for
                                                                         changed answer. As per
                                                                         instruction no. 5 of the
                                                                         instruction at backside
                                                                         of OMR sheet, the
                                                                         answer sheet was to be
                                                                         processed by electronic
                                                                         means i.e. computer.
                                                                         Awarding one mark for
                                                                         answer where fluid was
                                                                         used that OMR sheet
                                                                         was            evaluated
                                                                         manually. Thus it is a
                                                                         case of malpractice.




4.    The   counsel     for      the   applicants     vehemently         and     strenuously