Examination; Nidhi Kaim Vs. State of M.P. [Supreme Court of India, 12-05-2016]

Madhya Pradesh Professional Examination Board Act, 2007 – Pre- Medical Entrance Test (PMT) – In view of the divergence of opinion in terms of separate judgments pronounced in these appeals, the Registry is directed to place the papers before Hon’ble the Chief Justice of India for appropriate further orders.

Professional Examination


 IN THE SUPREME COURT OF INDIA

 CIVIL APPELLATE JURISDICTION

 CIVIL APPEAL No. 1727 OF 2016

Nidhi Kaim … Appellant

 Versus

State of Madhya Pradesh & Others Etc. … Respondents

 WITH

CIVIL APPEAL NOs.1720-1724, 1726, 1728, 1729, 1733, 1734-1741, 1742-1749, 1750-1751, 1752, 1753-1758, 1847-1852, 1759-1764, 1765, 1766, 1767-1768, 1769-1774, 1776-1787, 1788, 1789-1791, 1792-1794, 1795-1798, 1799-1805, 1806-1808, 1809, 1810-1811, 1812, 1813-1814, 1815, 1816-1817, 1818-1819, 1820, 1821, 1822-1824, 1825, 1826, 1827, 1828, 1830, 1831-1832, 1833, 1834, 1835, 1836-1837, 1838, 1839, 1840, 1841, 1842, 1843, 1844, 1845 & 1846 OF 2016.

 J U D G M E N T

Chelameswar, J.

1. The Madhya Pradesh Vyavsayik Pariksha Mandal Adhiniyam, 2007

The Madhya Pradesh Professional Examination Board Act, 2007

(hereinafter referred to as ‘the Act’) came into force on 15th October 2007. Section 3[1] of the said Act contemplates establishment of a Board (a body corporate) by a notification of the State Government. Admittedly, as on today, the notification constituting the Board has not been issued, but a body constituted earlier under various executive orders[2] of the State of Madhya Pradesh (hereinafter referred to as “the BOARD”) continues to be in existence. It carries on various activities.


1

Section 3. Incorporation of the Board

(1) The State Government shall establish by a notification, a Board to be called the Madhya Pradesh Professional Examination Board with effect from such date as may be specified in the notification.

(2) The Board shall be a body corporate by the name of the Madhya Pradesh Professional Examination Board and shall have perpetual succession and a common seal with power to acquire and hold property, both movable and immovable and shall have power to transfer any property held by it and to contract and do all other things necessary for the purposes of its constitution and may sue or be sued in its corporate name.

[2] For the details of the executive orders, See

Ku. Pratibha Singh (Minor) v. The State of Madhya Pradesh & Others, 2014 (III) MPJR 178


2. One of the objectives of the statutory Board specified under Section 10 is as follows:

“(a) to conduct entrance examinations for admission to various professional and other educational institutions on the request of the State Government, other State Governments, Central Government, Universities and national or state level institutions.”

3. It appears that admissions to various medical colleges either privately managed or managed by the government in the State of Madhya Pradesh are regulated by a common entrance examination [called as “Pre- Medical Entrance Test (PMT)]. Such an examination was conducted annually by the BOARD. The Act came to be passed with a view to create a statutory basis for the BOARD which, inter alia, is required to conduct entrance examinations for admissions into various educational institutions including medical colleges. Unfortunately, the notification contemplated under Section 3 never came to be issued but everybody in the administration of the State of Madhya Pradesh proceeded all these years on an assumption that the BOARD (a mythical beast) would somehow became the body contemplated under Section 3 of the Act. This aspect of the matter is one of the issues in the case; and, therefore, I shall deal with it later in this judgment.

4. Entrance examination for admissions into medical colleges for the year 2013 was conducted by the abovementioned BOARD on 7.7.2013. On the same day, a crime came to be registered in FIR No.539 of 2013 alleging commission of various offences pursuant to a large scale conspiracy in the context of the examination. The FIR came to be registered against several persons including students and some employees of the State of Madhya Pradesh who were working in the administration of the BOARD.

5. The Chairman of the BOARD also caused some enquiry[3] into the allegations. By two orders, dated 9.10.2013 and 6.12.2013, the BOARD cancelled the results of 345 and 70 candidates respectively. As a consequence, admissions granted to the abovementioned students in various medical colleges stood cancelled. Challenging those orders, a batch of writ petitions came to be filed before the Madhya Pradesh High Court. All the said writ petitions were dismissed by an order dated 11.4.2014 of the Division Bench of the Madhya Pradesh High Court in Ku. Pratibha Singh v. The State of Madhya Pradesh & Others. The correctness of the said judgment was questioned in SLP (C) Nos.13629-630 of 2014 (Pooja Yadav & Another v. State of M.P. & Others) and 16257 of 2014 (Sumit Sinha v. State of M.P. & Others), which were dismissed by orders dated 19.5.2014 and 08.08.2014 respectively confirming the judgment of the High Court.


[3] The nature of the enquiry was discussed by Madhya Pradesh High Court in great detail in the judgment of Ku. Pratibha Singh (Minor) v. The State of Madhya Pradesh & Others, 2014 (III) MPJR 178


6. Parallelly, the police investigated the crime (FIR No. 539/2013) mentioned supra. Some officers of the BOARD and others were arrested. Pursuant to information gathered during the course of the investigation of the abovementioned crime, the investigating agency sent two letters dated 23.10.2013 and 31.12.2013[4] to the BOARD. It is informed at the bar that the first of the abovementioned letters informed the BOARD about some irregularities in the conduct of the PMT of 2012, and the second called upon the BOARD to cause an inquiry into and provide certain information with regard to the PMTs of the years 2009 to 2011. On receipt of the said letters, the BOARD decided to enquire into the PMT process of not only the years 2009 to 2012 but also the year 2008.


[4] (a) In reference to above subject, it is submitted that on conducting inquiry from the accused arrested in the cases registered in connection with referenced examination and other examinations in S.T.F., M.P. Bhopal and even in so far as the accused arrested by your office have stated regarding forgery in these examination. Accused Jagdish Sagar and Sanjiv Shilpkar arrested in the S.T.F. Crime No.12/2013, under Section 420,467, 468, 471, 120 B I.P.C., 3(D)1, 2/4 M.P. Recogniltion Examination Act, 1937 have stated regarding forgery for setting of equal roll number in P.M.T. Examination 2012 and 2013 and for setting of equal roll numbers in the P.M.T. Examination 2013 in collusion with Officers of Vyapam namely Nitin Mohindra and Others.

Therefore, it is requested to provide report after conducting investigation in accordance with law as conducted in connection P.M.T. Examination 2013, P.M.T. Examination 2012, in the referenced P.M.T. Examination 2009, 2010, 2011, so that, action would be taken in accordance with law in connection with above. – relevant portion of the letter dated 31.12.2013

(b) We understand that the original letter is in vernacular and the above is a Translation placed on record before us.”