AIPMT 2015 paper leak lawyer Vaibhav

Choudhary explains why Mondays SC

judgment may cancel medical entrance
exam
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AIPMT: Shades of Grey or black and white?

http://www.legallyindia.com/Bar-Bench-Litigation/aipmt-2015-paper-leak-news-from-advocate
Accessed on 12th June ,2015 10.30 AM

Indias top undergraduate medical entrance exam the CBSE All India Pre-Medical
Entrance Test (AIPMT) 2015 may be cancelled on Monday after todays observation from
Supreme Court justice Amitava Roy that the sanctity of the exam had been compromised
this year. Justice Roy was hearing three writs that had asked for the 3 May exam to be
cancelled.
The Indian Express reported that the bench said today: The examination stands vitiated
even if one student is being benefited illegally. We are not holding CBSE guilty as such.
Taking into consideration the past such incidents, CBSE ought to have been cognisant of
these things. It had been happening for last two-three years. However, solicitor general
Ranjit Kumar reportedly said for CBSE: 6.3 lakh students cannot be made to take the
exam afresh when only 44 students have been found involved in taking benefits through
unfair means.
The three writs (WP 298/2015, WP 299/2015 and WP 305/2015) were filed by candidates
who had appeared in the exam on 3 May, praying for its result to be stayed. The original
schedule for result declaration was 5 June.
Advocate Vaibhav Choudhary explained that 22 candidates were caught cheating at
various centres across the country on the date of the exam and were handed over to the
police which has now, through its investigation, found 24 more such candidates, as also
reported in papers.

Choudhary, who is appearing with senior advocates Jaideep Singh and Rajiv Gupta for the
21 petitioners who have filed one of the writs, told Legally Indiathat Rohtak inspector
general Shrikanth Jadhav filed the police investigation report in court today stating that
although 43 candidates had so far been apprehended for use of unfair means, this number
was not conclusive.
The IGs report details the modus operandi of the cheaters. Candidates in the examination
hall took snapshots of the question paper at 1030am the minute the test commenced and sent these over instant messaging service Whatsapp, to a person sitting in Behror,
Rajasthan who solved the paper and then distributed, through Whatsapp, the answers
along with the answer key to all candidates who had prepaid for this service. The police
have retrieved more than 300 SIM cards which were used in the process, and have
identified around 10 states in the exam centres of which candidates had cheated.
Choudhary added that the IG also submitted in court today that the mastermind behind the
paper leak was the 2011 AIIMS entrance paper leak accused Ravi Attri as had been
reported by Express. Attri had masterminded the 2011 leak in the same manner as the
AIPMT leak.
Senior advocate Singh today advised the court that it may follow the order and guidelines
issued by the Supreme Court in the 2011 AIIMS case.
The IG told the court that the investigation could go on for months, even years, and draw
up more candidates who had cheated in the 3 May exam, yet the number could never be
said to be conclusive.
Solicitor General Ranjit Kumar, who was appearing for the CBSE alongside additional
solicitor general Pinky Anand, asked the court to cancel the result of the 46 candidates
who had been caught so far but to not cancel the entire exam as it will take not less than
four months for the CBSE to organize a re-exam.
However the petitioners submitted instances of re-tests for major competitive exams such
as that of the Aligarh Muslim University this year, or the 2004 AIPMT exam, organised in a
shorter period.
The vacation bench of justices RK Agrawal and Amitava Roy observed that the sanctity of
the entire exam had been compromised due to the impossibility of the police coming up
with a conclusive list of candidates who had cheated the 3 May exam.

The bench will pronounce its judgment in the case on Monday (15 June).

http://www.business-standard.com/article/pti-stories/sc-reservesorder-on-pleas-for-re-conduct-of-aipmt-115061200885_1.html
Accessed on 13th June 2015 at 10 AM

SC reserves order on pleas for re-conduct of AIPMT

Press Trust of India | New Delhi
June 12, 2015 Last Updated at 18:57 IST
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Nearly 6.30 lakh students may have to get ready again to take the All India Pre-Medical Test, 2015
with the SupremeCourt today observing that even a single entry through "illegal" means would
"vitiate" the "sanctity" of the test.
While reserving verdict for June 15 on pleas seeking re-conduct of the test on the ground of large
scale irregularities, a vacation bench of justices R K Agrawal and Amitava Roy said, "You (CBSE) have
been outwitted and outmaneuvered" by those using electronic gadgets.
"Even if a single person is the beneficiary of his illegal labour, the sanctity of the examination cannot
be sustained," it said when CBSE opposed the plea of re-conduct.
Solicitor General (SG) Ranjit Kumar, appearing for the CBSE, opposed the contention seeking
cancellation of the test, saying, "6.3 lakh students cannot be made to take the exam afresh when
only 44 students have been found involved in taking benefits through unfair means".
At the outset, the counsel for students referred to the fresh status report of Haryana Police and
sought cancellation of the examination on the ground that 44 persons' involvement have been
confirmed and the numbers are bound to rise.
"The sanctity of the examination is gone and re-examination is the only option to restore confidence,"
he said, adding that 358 mobile phones have been used by the persons running the racket for the
AIPMT.

Opposing the plea, the SG said that the question is whether these 44 instances vitiate the entire
examination process in which 6.3 lakh students took part.
He termed the demand a "far cry" and said that the CBSE be allowed to declare the results sans 29
students who, as per it, have been found to be involved in unfair practices during the test.
He further said that the examination process takes seven months and it has wrongly been suggested
that CBSE can re-conduct the test in a month's time.
A senior police officer, who is part of the probe team, told the bench that so far, police has found 44
beneficiaries and the list is not "conclusive" and the number is bound to rise.

Supreme Court: Fresh AIPMT test likely

Jun 13, 2015 |

Age Correspondent

New Delhi

Observing that malpractices like copying and cheating in the All-India Pre-Medical Test has vitiated the entire examination, the Supreme
Court on Friday indicated that it will order a re-test by quashing the one held on May 3.
Giving this indication a vacation bench of Justices R.K. Agrawal and Amitava Roy reserved orders for June 15 on petitions seeking
cancellation of the AIPMT alleging leak of question papers, malpractices and irregularities in the test conducted on May 3 for the 3,722
seats. About 6.30 lak students took the test on that day.
The court on June 3 stayed the declaration of results scheduled for June 5 and directed the Haryana police to find out the kingpin in the
whole scam.
On Friday, the Haryana police informed the court that the special investigation team had identified 44 beneficiaries of students and said
it would not be possible to find out all the beneficiaries as a large number of mobile phones were used.
It said investigation had revealed that more than 700 students benefited from the mass cheating and they belonged to other states. It
also submitted that the mastermind had used multiple mobile phones and SIM cards to convey answers to the examinees.

He took the help of government and private doctors for the purpose. Answer keys to the students were sent an hour before the exam
through WhatsApp and SMS, the report added. The SIT said Dangi was untraceable, but six persons who got in touch with the students
had been arrested.
On behalf of the CBSE, Solicitor General Ranjit Kumar opposed re-test stating that over six lakh students took the examination and
there was no leak. Rejecting the demand for a fresh test, the CBSE said, Conducting the examination afresh will take three or four
months and the whole process will be delayed.
The bench told the counsel Information technology has taken over our life and dictates to us. We have to update to meet the latest
strategy. CBSE process of conducting the examination is outdated. The CBSE can seek help from anyone to outwit them (those used
electronic devices to copy). Are we not sacrificing the students who had burnt mid-night oil. We cant keep the examination which is
suspect in public mind. Such manipulations hamper the hopes of genuine students. The entire examination stands vitiated even if one
erring candidate manages to get admission and it is difficult to catch hold of all students who transmitted answers through electronic
devices.