TANVI SARWAL versus CENTRAL BOARD OF SECONDARY EDUCATION AND  . ORS.
[2015] 7 S.C.R. 780, Supreme Court of India, 2015
Outcome: Case Allowed (Granted)
Segment: Facts
A 
B 
[2015]7 S.C.R. 780 
TANVI SARWAL 
v. 
CENTRAL BOARD OF SECONDARY EDUCATION AND 
. ORS. 
(Writ Petition (Civil) No. 298 of 2015) 
JUNE 15, 2015 
[R. K. AGRAWAL AND AMITAVA ROY, JJ.] 
c 
Education: 
Pre-Medical and Pre-Dental Entrance Test 2015-16 
- Held by Central Board of Secondary Education (CBSE) -
Use of unfair means and malpractices through electronic 
0 
gadgets and devices, at the behest of a syndicate for unlawful 
gang - Writ petitions u/Arl. 32 in public interest, seeking 
annulment of the examination and direction for holding fresh 
examination - Plea of State and CBSE that holding of fresh 
examination would upset the time-schedule fixed by 
E Supreme Courl in Mridual Dhar and Priya Gupta cases and 
that instead of scrapping the whole examination, action may 
be taken against the already identified beneficiaries of the 
malpractice - Held: The examination suffers from an 
infraction of its expected requirement of authenticity and 
~""''·· .; 
F credence - In view of the disclosures in the investigation, the 
benefit of the malpractice has been availed by several 
candidates though only 44 candidates have been identified 
- In order to secure and sustain the confidence of the public 
in general and student fraternity in parlicular, in the system, 
G the examination cannot be sustained - Annulment of the 
examination in view of the fact that it is vitiated due to use of 
deceitful means, would not be repugnant to the renderings 
in Mridua/ Dhar and Priya
Gupta cases- CBSE directed to 
hold the fresh examination within a period of four weeks. 
H 
780
TANVI SARWAL v. CENTRAL BOARD OF SECONDARY 781 
EDUCATION AND ORS. 
Allowing the writ petitions, the Court 
HELD: 1. In view of the revelations in course of 
the investigation, it is apparent that the examination 
indeed have been exposed to a deep rooted conspiracy 
A 
of a gang of persons who with the aid of electronic B 
devices have been able to access the beneficiary 
candidates with the answer keys during the test so as 
to enable them to solve the question paper. This, as the 
investigation discloses, was on the basis of a 
premeditated design and the benefit has been extended C 
on monetary consideration. These, are gathered from the 
status reports submitted before this Court from time to 
time, the authenticity whereof has not been questioned. 
The disclosures, are startling and alarming as well. The 
status reports disclose involvement of persons who had D 
been similarly involved in such a strategy and are the 
beneficiaries thereof. The investigation in the cases 
registered has progressed well and having regard to the 
magnitude of the exercise involved, some more time 
would be necessary to complete t~e same in all respects. E 
[Para 13] [807 -D-G] 
,,.. r 
2. The disclosures in the investigation suggest 
that the benefit of answer key has been availed by several 
candidates taking the examination, by illegal means. F 
c 
Though as on date, 44 such candidates have been 
identified, having regard to the modus operandi put in 
place, the numbers of cell phones
and other devices 
used, it is not unlikely that many more candidates have 
availed such undue advantage, being a part of the G 
overall design and in the process have been unduly 
benefited qua the other students who had made sincere 
and genuine endeavours to solve the answer paper on 
the basis of their devoted preparation and hard labour. H
782 
SUPREME COURT REPORTS 
[2015] 7 S.C.R. 
A In view of the widespread network, that has operated, 
as the status reports disclose and the admission of the 
persons arrested, including some beneficiary 
candidates, and in view of the strong possibilities of 
identification of other candidates as well involved in 
B such mal practices, the examination has become a 
suspect It is necessary, for all the role players in the 
process, to secure and sustain the confidence of the 
public in general and the student fraternity in particular, 
in the system, by its unquestionable trustworthiness. 
C There cannot be any compromise with these imperatives 
at any cost. [Para 15] [808-C-F, G-H; 809-A] 
3. In view of the status reports, it is held that the 
examination involved, suffers from an infraction of its 
D expected requirement of authenticity and credence. 
Every examination being conducted by a human agency 
is likely to suffer from some shortcomings, but deliberate 
inroads into its framework of the magnitude and the 
nature, as exhibited, in the present case, demonstrate a 
E deep seated and pervasive impact, which ought not to 
be disregarded or glossed over, lest it may amount to 
travesty of a proclaimed mechanism to impartially judge 
the comparative merit of the candidates partaking therein. 
F If such an examination is saved, merit would be a 
casualty generating a sense of frustration in the genuine 
students, with aversion to the concept of examination. 
The
possibility of leaning towards unfair means may also 
be the ultimate fall out. Even if, one undeserving 
G candidate, a beneficiary of such illegal machination, 
though undetected is retained in the process it would 
be in denial of, the claim of more deserving candidates. 
At the present, the examination stands denuded of its 
sanctity as it is not possible to be cleansed of all the 
H participating beneficiary candidates with certainty.
TANVI SARWAL v. CENTRAL BOARD OF SECONDARY 783 
EDUCATION AND ORS. 
Therefore, the examination cannot be sustained. [Para A 
17] [809-H; 810-A-E] 
4. In the extraordinary fact situation, where the 
examination involved is vitiated to the core, by use of 
deceitful means and measures to benefit some, the B 
consideration of departure from time-schedule fixed by 
this Court in Mridul Dhar case and Priya Gupta case, per 
se would not be a wholesome justification to sustain the 
otherwise tainted exercise. The annulment of the 
examination and the consequences to follow, in the C 
singular facts and circumstances of the cases, would 
not in any way be repugnant to the renderings of this 
court in Mridul Dhar and Priya Gupta cases. [Para 18] 
[810-H; 811-A, C] 
5. In the attendant facts and circumstances, the 
Board is directed to hold the examination within a period 
D 
of four weeks. It would take the necessary follow up 
steps in coordination with all other institutions involved . 
in the admission process and space the intermediate E 
phases in the same pattern of the time-schedule as 
mandated by this court in Mridu/ Dhar and Priya Gupta 
cases. [Para 19] [812-G-H; 813-A] 
Mridu/ Dhar vs. Union of India (2005) 2 SCC 65: 2005 
F 
(1) SCR 380; Priya Gupta vs. State of Chhattisgarh 
(2012) 7 SCC 433: 2012 (5) SCR 768- referred to. 
2005 (1) SCR 380 
2012 (5) SCR 768 
Case Law Reference 
referred to. 
referred to. 
Para 14 
Para 14 
CIVIL ORIGINAL JURISDICTION : Writ Petition
(Civil) 
No. 298 of2015. 
G 
Under Article 32 of the Constitution of India. 
H
784 
SUPREME COURT REPORTS 
[2015] 7 S.C.R. 
A 
.WITH 
W. P. (C) Nos. 299, 305 and 325 of 2015 
. ..,, 
Ranjit Kumar, SG, Pinky Anand, ASG, Jaideep Gupta, 
8 RaviGupta,AjayBansal,AAG, PrashantBhushan, Md. Naved, 
Anil Subhas, Syed Abdul Haseeb, Sanjay Sharma, Vaibhav 
Choudhary, Pusshp Gupta, Puja Anand, Bharat Sangal, 
Devendra Singh, Dr. Sushi! Balwada,Anant K. Vatsya, Shahid 
Ali Rao, Tara Chandra Sharma, Neelash Sharma, Rupesh 
c Kumar, Gaurav Sharma, Amandeep Kaur, Prateek Bhatia, 
Rekha Pandey, Ajay Sharma, Karan Seth, R. S. Nagar, W. A 
Qadri, D. S. Mahra, Gaurav Yadava, Sanjay Kumar Visen for 
the appearing parties . 
. 1: L 
The Judgment of the Court was delivered by 
D 
AM~TAVA ROY, J. 1. All these Writ Petitions, 
analogously heard, register a challenge to the All India Pre-
Medical and Pre-Dental Entrance Test, 2015 (hereinafter 
referred to as Test/Examination) held on 03.5.2015 under the 
E aegis of the Central Board of Secondary Education, New Delhi 
(for short hereinafter referred to as "CBSE/Board") having been 
perceived by the petitioners to have been irreversibly vitiated 
by the use of unfair means and malpractices through electronic 
F gadgets and devices facilitating the illegal and unfair access 
to 90 answer keys during the examination conducted on 
03.5.2015 to the beneficiary candidates of such corrupt design 
at the behest of a syndicate for unlawful gain. Whereas the 
petitioner in Vv.P.(Civil) No. 325/2015 has introduced himself 
G to be a
soeial·activist and a reformer claiming to espouse a 
public caute;the others registering the impugnment, are the 
candidates who have taken the examination and apprehend 
that not only they but also others who are similarly situated and 
have put in sincere and hard labour would therefore be unfairly 
H. out perforrmtd by those availing the advantage of the pilfered 
. "
TANVI SARWAL v. CENTRAL BOARD OF SECONDARY 785 
EDUCATIONANDORS. [AMITAVAROY, J.) 
answer keys provide by a group of operators by m·isusing the A 
information technology. 
2. We have heard the learned counsel for the parties. 
l]l1 
3. The skeletal facts outlining the factual conspectus B 
would be briefly narrated so as to better comprehend the issues 
seeking adjudication. 
4. The CBSE had issued an admission notice in the 
month of November 2014 intimating that the All India Pre-
Medical/ Pre-Dental Entrance Test for the Academic Session c 
2015-16 would be held on 03.5.2015. The examination was 
to consist of one paper of 180 objective type questions from 
Physics, Chemistry and Biology (Botany & Zoology) and of 
duration of three hours from 10.00 a.m. to 1.00 p.m. As a 
matter of record, the test/examination was to be conducted D 
for 15% All India Quota Seats and was to be gover~d by the 
Rules and Regulations in that regard framed by the Ministry of 
Health and Family Welfare, Govt. of India from time to time. 
The CBSE has been conducting such examination and 
declaring the results thereof and thereafter providing the merit E 
list to the Director General of Health Servlces and the 
participating States/Universities/Institutions in order to facilitate 
their counseling/admissions. Some States/Universities/ 
Institutions have also been voluntarily participating in the 
examination for using the merit list prepared for admission in F 
the Medical/Dental Colleges
against Seats under their control. 
Admittedly, the counseling of the successful ciandida~s under 
15% quota seats is conducted by the Director General of Health 
Services (for short also hereafter referred to DGH~ 
... and the 
counseling for admission to seats for the other paf!i9ipating G 
States/Universities/Institutions is conducted by their respective 
authorities. 
. , ,1 
.. \ 
'r'il . j 
5. As scheduled, the examination was held on 
03.5.2015 between 1 o.oo a.m. to 1.00 p.m. and mdrethan six H
786 
SUPREME COURT REPORTS 
[2015] 7 S.C.R. 
A lakh candidates did take part therein. The examination was 
held in 1050 centers all over the country. ·immediately thereafter 
on 04.5.2015, news reports started surfacing in many dailies 
disclosing that 90 answer keys had been transmitted to the 
candidates during the examination, in consideration of Rs.15 
B to 20 lakhs and that Rohtak Police had meanwhile arrested 7 
persons including 2 doctors and one MBBS student for 
conspiring to effectuate the said plot. Reference was also 
made to the disclosures in the investigation, to the effect that 
the arrested individuals in collusion with others had arranged 
C for supplying vests fitted with SIM card etc. apart from Bluetooth 
device to facilitate transmission of answer keys through such 
appliances to the users thereof. It was mentioned, that the 
same gang had been involved in the leakage of AllMS Medical 
0 Examination in the year 2012 by applying the same modus 
operandi. Contending that the revelations in the investigation 
underway, did demonstrate the use of such unfair and illicit 
means thus vitiating the examination as a whole, denuding it 
of its credibility and sanctity, the petitioners have sought to 
E invoke the jurisdiction of the Court under Article 32 of the 
Constitution of India to annul the examination. The necessity 
of holding a fresh examination has been emphasized, stating 
that in terms of the time schedule fixed by this Court, the results 
in the
examination were to be declared by 5.5.2015 to be 
F followed by the first counseling of All India quota seats, to be 
completed by 30.6.2015 and second counseling by 8.8.2015. 
That the academic session as per the time schedule was to 
commence on 1.8.2015 and that no student could be admitted 
to the course after 30.9.2015 was underlined as well. 
G 
6. Having regard to the gravity of the im~utations made 
and the prime facie materials furnished with the petition in 
W.P.(Civil) No. 298/2015, this Court issued notice on 18.5.2015 
directing dasti service on all the respondents. The other Writ 
H Petitions gradually got tagged having regard to the
TANVI SARWAL v. CENTRAL BOARD OF SECONDARY 787 
EDUCATION AND ORS. [AMIT AVA ROY, J.] 
identicalness of the issues involved. On 21.5.2015, after A 
hearing the learned counsel for the parties and on a 
consideration of the status report dated 20.5.2015 submitted 
by the Superintendent of Police, Rohtak, Haryana with regard 
to the progress of the investigation in the matter, this Court, 
feeling the urgency, required the police to complete the B 
investigation at the earliest and directed submission of the 
next status report by 26.5.2015. On a perusal of the next status 
report dated 26.5.2015, this Court by its order of the same 
date, directed the investigation to proceed and ordered that 
the cases be listed on 3.6.2015. The police was required to C 
file further status report by then and try to complete the 
investigation meanwhile. On 3.6.2015, on a consideration of 
the status report dated 2.6.2015 filed by the S.P., Rohtak, 
Haryana and noticing the progress made and the materials D 
collected in support of the allegations and being of the view 
that all the beneficiaries of the stratagem were yet to be 
identified, on balancing the equities, this Court directed that 
further steps in examination process be kept in abeyance till 
the next date i.e. 10.6.2015. On the prayer made on behalf of E 
the CBSE so as to enable it to file its affidavit, the hearing of 
the petitions was postponed till 12.6.2015. The interim restraint 
was extended. 
7. Apt it would be, before
adverting to the pleaded F 
assertions on behalf of the CBSE to extract the relevant 
excerpts of the status reports dated 20.5.2015, 25.5.2015, 
2.6.2015 and 11.6.2015 submitted by the investigating agency 
so as to mark the progress in the inquisition, facts unearthed, 
arrests made and also the extent of identification of the G 
beneficiaries arrested by the police till date. 
RELEVENT EXTRACTS FROM THE STATUS RESPORTS 
DATED 20.5.2015, 25.5.2015, 02.6.2015AND 11.6.2015 
H
788 
SUPREME COURT REPORTS 
- [2015]7S.C.R. 
A 20.5.2015: 
B 
c 
D 
E 
F 
G 
H 
') 
"1. T~at on 03.5.2015, a secret information was received 
from ~Jl informer that some persons namely Bhupender 
S/o Sh. Satpal Rio Gudhana, District Bhiwani, Haryana, 
Rajes·r S/o Sh. Urned Singh R/o Gaddhi Kheri, District 
Rohfy:lk, Haryana, Sanjeet S/o Sh. Ramkishan Rio Basant 
Vihar, District Rohtak, Haryana and Ravi S/o Sh. Gorakh 
Sing~f;Vo Greater Noida, Uttar Pradesh are involved in 
leakage of answer key or question paper of AIPMT Exam 
and its circulation to candidates in lieu of monetary gain 
and WQO are moving around in Swift Car No. HR-12R-
555~1in Rohtak. After receiving the information, raids 
were conducted by the police near examination centres. 
During checking a car bearing No. HR-12R-5552_ came 
from the Delhi byepass to Jhajjar Road. Rohtak and on 
checking the car. four persons were found sitting in the 
~During verification, the person who was driving the 
Swift Car No. HR-12R-5552 disclosed his identity as Dr. 
Bhupender Singh (BDS) S/0 Sh. Satpal Rio Gudhana, 
District Bhiwani, Haryana and his mobile NO. 
9992472959 was checked and answer key of code 'G' 
of AIPMT question paper i.e. 23331* 11431* 23432* 
33214* 24214* 44233* 12131* 33142* 34133* 34432* 
34234*41124*31234*31313*44444*24001*31222* 
42121* 1365E* 222* 142* 9342341* 23222* 32341* 
4324,4~ 43114* 21224 was found in his mobile and the 
message of said key was also forwarded at 12.51 PM 
on 03.5.2015 to
mobile number 7409770216 and at 
12.5~ P.M to mobile number 8397804478. Similarly as 
per re.cord, answer key of cod 'F' of AIPMT exam 2015 
was also transmitted from mobile number 9996668824 
(used &_recovered from accused Dr. Sanjeet) to mobile 
number 9899089958 (used by Mr. Gautam student of 
MBBS,from Ujjain. Madhya Pradesh) at 12.33 PM
TANVI SARWAL v. CENTRAL BOARD OF SECONDARY 789 
EDUCATION AND ORS. [AMITAVAROY, J.] 
through Whatsapp. It is pertinent to mention here that 
timing of transmitting of answer key to other candidates 
of different states can only be ascertained after the arrest 
of main accused i.e. Roop Singh Dangi. Furtlier after his 
arrest the exact point of leakage of AIPMT exam question 
paper could be ascertained. During verification of the 
other three persons sitting on rear seat of Swift'Car, their 
identity was known as Rajesh (MA, MEd qualifi~d person) 
S/o Sh. Urned Singh R/o Gaddhi Kheri DistricfRohtak, 
Haryana, Sanjeet (BOS Doctor) S/o Sh. Ramkishan Rio 
Basant Vihar, District Rohtak, Haryana and Ravi (Student 
of MBBS from PGIMS. Rohtak) S/o Sh. Gorakh'Singh RI 
o Greater Noida, Uttar Pradesh. During checking of Ravi 
(Student of MBBS) a carton containing three vests of 
gents (two black colour and one grey colour) arid three 
lady vest (white colour) were found. All the above said 
vests were tagged with micro SIM devices, five Bluetooth 
devices were also recovered· from the possession of 
Ravi (Student of MBBS from PGIMS, Rohtak), five data 
cables were recovered from the possession of Sanjeet 
(BOS Doctor) and one wrist watch consisting spy camera 
including data cable was recovered from the possession 
of Rajesh (MA, Med qualified person). The entire 
recovered articles were taken in possession by the Police 
officer through recovery memo. On finding that answer 
key had
already been leaked and transmitted to different 
mobile numbers prior to end of the exam, the Police 
Officer sent a written report to the Station Hduse Officer 
sent a written report to the Station House Officer, Police 
Station PGIMS, Rohtak and consequently a cai€FIR No. 
110 dated 04.5.2015 U/s 420/1208 IPC & 66'i:PActwas 
. registered in Police Station PGIMS, Rohtak,'
1Haryana 
against Bhupender. Rajesh. Ravi and Sanjeet. (' 
A 
B 
c 
D 
E 
F 
G 
2. That during investigation, the accused suffered H
790 
SUPREME COURT REPORTS 
[2015] 7 S.C.R. 
A disclosure statements on which basis police proceeded with 
investigation. Inspector Vijay Singh, lncharge CIA - 2 unit, 
investigating officer of the case produced the four arrested 
accused before the Id. Area Magistrate at Rohtak. On the 
application of the investigating officer, the court of learned area 
B magistrate granted four days police custody. 
3. That during interrogation, the accused suffered the 
disclosure statement on 05.5.2015 that about 15/16 days back, 
a meeting was organized by Roop Singh Dangi S/o Ramphal 
C Rio Village Madina, District Rohtak, Haryana at his house in 
OMAX City Rohtak with co-accused namely Sonu @ Ohan 
Singh S/o Daiei Rio Village Gadhhi Kheri, District Rohtak, 
Haryana, Sunny Dahiya S/o Ranbir Singh Rio Kripal Nagar 
Rohtak, District Rohtak, Haryana and Rakesh Guliya. As per 
D disclosure statement of Dr. Bhupender. Rajesh. etc. in the 
meeting it was decided that for qualifying AIPMT exam Rs. 20 
lakhs will be taken from the candidates and the person who 
ropes in such candidates will be given one third of the amount. 
It was also disclosed by the above accused that Roop Singh 
E Dangi will leak theAIPMIT question paper from Behror (Distt. 
Alwar. Rajasthan) and after arranging the answer key, provide 
it to Dr. Bhupender. Ravi (Student of MBBS), Dr. Sanjeet and 
Rajesh through mobile phone. It was also disclosed by Dr. 
F Bhupender and co-accused (Rajesh. Ravi & . Dr. Sanjeet •
arrested accused) that they contacted one Subhash 
Shrivastav. who runs an electronic gadgets shop in Patel 
Nagar. New Delhi in the name of "SPY SHOP" and told him 
about the whole plan and requested him to supply them 
G undergarments of gents and ladies in which they can fix the 
SIM devices. etc. On this. Subhash Shrivastav. owner of the 
shop stated that this is illegal work. so he will take four times 
the cost of the garments. On this. Rs. 60,000/-for six garments 
were paid to Subhash Shrivastav. 
H
TANVI SARWAL v. CENTRAL BOARD OF SECONDARY 791 
EDUCATION AND ORS. [AMITAVA ROY, J.] 
4.1hat during investigation it is found that on 02.5.2015, A 
Roop Singh Dangi and co-accused Sunny S/o Ranbir Singh 
booked four rooms on the ID of Sunny in Shakti Resort, Behror, 
District Alwar, Rajasthan. That CCTV camera footage and 
relevant documentary evidence were collected and prima facie 
it was proved that accused Roop Singh Dangi was present at B 
Shakti Resort, Behror, DistrictAlwar, Rajasthan on 03.5.2015 
along with master solvers. It is pertinent to mention here that 
besides private cars, three buses were used by the accused 
Roop Singh Dangi to transport the master solvers/beneficiaries C 
from various places to Behror. The statement of Manager of 
the Shakti Resort, Behror, District Alwar, Rajasthan, and 
another hotel in which accused Roop Singh Dangi and other 
exam solvers/beneficiaries stayed has been recorded u/s 161 
Cr. P. C. by the investigating officer. 
D 
That during investigation, till date, it has came on file 
that accused Roop Singh and co-accused namely Krishan, 
Sunny Dahiya etc. have telephoned several people in different 
cities of Bihar, Jharkhand, Uttar Pradesh, Rajasthan, Delhi, 
Maharasthra, Odisha and Haryana from several SIM cards from E 
Behror. It is pertinent to mention here that Investigating Officer 
of the case invoked section 467/468/471 of the iPC in the case 
no. 07.5.2015. 
***** 
***** 
***** 
***** 
***** F 
During investigation, it
was revealed that out of 123 
'solved' answers of code "G" found in the mobile set of arrested 
accused Dr. Bhupender, 102 answers,.were found correct while 
comparing wit1 the answer key provided by the CBSE on their G 
official website http://aipmt.nic.in Similarly 42 answers were 
found correct out of 50 of solved answer key delivered of Code 
"F" by the accused. 
**** 
**** 
-
**** 
**** 
H
792 
SUPREME COURT REPORTS 
(2015) 7 S. C.R. 
' 
A 
9. That during investigation it came to notice that 
arrested accused Ravi (MBBS Student) was found involved in 
case FIR No. 06 dated 08.1.2012 Under Section 420/1208 
IPC Police Station Crime Branch District Daryaganj, Delhi 
regarding leakage of All India P.G. Medical Entrance 
B Examination -2012. Further another case FIR No. 178 dated 
27.5.2012 Under Section 419/420/468/471/1208 IPC was 
registered in Police Station Shabad Diary, District Outer Delhi 
has been found against accused Ravi for the offence of leakage 
of State Bank of India competition exam. It is pertinent to 
C mention here that in these two cases, accused Ravi had 
leaked the respective exam by similarly using electronic 
gadgets and devices. 
**** 
**** 
**** 
**** 
**** 
D 
10. That during the course of investigation, on 19.5.2015 
accused Sub hash Shrivastav (owner of spy shop) supplier of 
under garments affixed with electronic gadgets which were 
instrumental in leakage of AIPMT exam 2015 has been 
arrested from Delhi and has been produced before Id. Area 
E magistrate, which has granted 2 days police custody. During 
preliminary interrogation. he has admitted that he sold around 
300 such vests to others just before the exam." 
**** 
***** 
**** 
**** 
**** 
F 25.5.2015: 
**** 
**** 
**** 
**** 
**** 
"4. That it is suspected that 358 mobile numbers were 
G 
used for receiving answer keys of unfairly solved question 
papers of AIPMT-2015 to
various mobile phones across 
the country while the exam was being conducted at 
various centres in the country from Behror, DistrictAlwar, 
Rajasthan, where the question papers were solved by 
H 
the accused persons. Out of these 358 mobile numbers,
TANVI SARWAL v. CENTRAL BOARD OF SECONDARY 793 
EDUCATION AND ORS. [AMITAVAROY, J.] 
260 mobile numbers were of other states and remaining 
A 
98 mobile numbers belong to the State of Haryana and 
the verification of these 98 SIM card holders is still under 
process. 
**** 
**** 
**** 
**** 
**** 
B 
6. That on 25.5.2015, information was received from 
Central Board of Secondary Education (CBSE) regarding 
alleged malpractices in the.-AIPMT-2015. The list of unfair 
means cases which comprises of a total of 29 cases has been 
received and out of these. in21 cases the modus operandi is C 
similar in nature i.e. use of electronic devices with concealed 
wiring in the undergarments and in one such case. an FIR No~ 
105 dt. 03.5.2015 U/s 420/511/120-B IPC & Section 66 of IT 
Act, Police Station Bistupur, District Jamshedpur, Jharkhand 
has been found to be registered against three aspirants namely D 
Md. Shabbir Zeya Roll No. 51700365, Shashi Shekar Azad 
Roll No. 51700543 and Dhananjay Kumar Yadav Roll No. 
51700222. All the three students were caught with vests fitted 
with electronic communication devices. It is pertinent to mention 
here that as per information received from CBSE, 15 E 
candidates of one examination centre namely Siliguri Model 
High School Sr. Sec. Gurung Basti, P.O. Pradhan Nagar, 
Siliguri Distt. Darjeeling, West Bengal (Centre 55207) were 
caught with vests fitted with electronic devices. It is further F 
submitted that in five cases it was found that
the candidates 
were found in possession of other electronic devices for 
receiving messages. Similarly, another case FIR No. 208/15 
has also been registered against studentAnnu Lal Roll No. 
54835467 by Lucknow Police, Uttar Pradesh as he was also G 
caught with an electronic device tied on his left hand with 
speaker in the ear. All the above aspirants need to be joined 
investigation in the instant case as well." 
**** 
'**** 
**** 
**** 
**** 
H
794 
SUPREME COURT REPORTS 
[2015] 7 S.C.R. 
A 02.6.2015: 
***" 
**** 
**** 
**** 
**** 
"3. That after sincere efforts, accused Nan ha Kumar SI 
o Sh. Meena Parsad, resident of Kushi Nagar, Uttar Pradesh, 
B who appeared in AIPMT -2015 was arrested on 29.5.2015. 
During interrogation, he disclosed the name of Sujit S/o. Sh. 
Dud Nath. who also appeared inAIPMT -2015 and there upon 
he was also arrested by the SIT. Two vests of gents tagged 
with micro SIM devices, ear devices, charger and two mobile 
C phones of dual SI Ms were also recovered from the possession 
of both the accused Nanha and Sujit. During interrogation, they 
further disclosed that all these items were provided to them by 
one Vijay Yadav. who is a student of MBBS 1st Year in Banaras 
D 
Hindu University, Uttar Pradesh. 
4. That during investigation, both the arrested 
candidates disclosed that they had jointly prepared for AIPMT 
-2014 with the said VijayYadav and one Rahul Verma. They 
further stated that Vijay Yadav and Rahul Verma were able to 
E successfully qualify AIPMT -2014 by using the same modus 
operandi, i.e. use of electronic devices with concealed wiring 
in the under garments. As a result of it, they could secure 
admission in prestigious Medical Colleges i.e. King George 
Medical College, Lucknow, Uttar Pradesh and Banaras Hindu 
F University, Uttar Pradesh respectively. Influenced by their 
success in the 2014 examination, the two arrested candidates 
admitted to having met Vijay Yadav
and Rahul Verma regarding 
AIPMT - 2015 and it was decided that for qualifying AIPMT -
2015 Rs. 17 lakhs each will be paid by both of them to Vijay 
G Yadav and Rahul Verma. They further disclosed that on 
30.4.2015 they paid token money i.e. Rs. 50,000/- to Vijay 
Yadav, who provided the vests fitted with electronic devices 
and promised to deliver the answer key on the day of 
H examination. They further stated that they received answer
TANVI SARWAL v. CENTRAL BOARD OF SECONDARY ,];95 
EDUCATION AND ORS. [AMITAVAROY, J.] 
keys during the examination hours through electronic devices. A 
which were supplied byVijay Yadav and with the help of answer 
key they solved the question paper of AIPMT - 2015. On 
30.5.2015. they were produced before the Id.Area Magistrate. 
Rohtak. which granted six days police remand. 
5. That it is pertinent to mention here that during 
investigation, the accused Nanha and Sujit disclosed that even 
B 
in UPPMT -2015 state examination held on 25.5.2015, they 
received answer keys from Vijay Yadav by using the same 
modus operandi, i.e. use of electronic devices with concealed C 
wiring in the under garments. 
6. That on 01.6.2015, during the course of investigation, 
accused Vijay Yadav S/o Sh. Satnarain Yadav (student of 
MBBS from SHU) has been arrested from Village Padrom~ D 
District Kushi Nagar, Uttar Pradesh. During interrogation, on 
02.6.2015, he suffered a disclosure st~tement in which he 
stated that he used to prepare for AIPMT entrance exam along 
with Rahul Verma. He further stated that he along with Rahul 
Verma were able to qualify AIPMT - 2014 by using the same E 
modus operandi, i.e. use of electronic devices with concealed 
wiring in the under garments. He further disclosed that answer 
keys were supplied to them by one Veer Bahadur (friend of 
Rahul Verma) .and he along with Rahul Verma got admission 
in prestigious Medical Colleges. He further stated that this
year F 
he along with Rahul Verma again contacted Veer Bahadur 
regarding AIPMT - 2015 and it was decided that for qualifying 
the AIPMT exam. Rs. 17 lakhs each will be taken from the 
interested candidates and they managed to prepare four 
candidates for the same. They collected original marksheets G 
of all four candidates as surety. He further admitted that on 
30.4.2015. he provided vests fitted with electronic devices to 
·candidates namely Nanah. Sujit. Vinod and Sneh and received 
token money of Rs. 50,000/- each from Nanah and Suit and H
796 
SUPREMECOURTREPORTS 
[2015) 7 S.C.R. 
A Rs. 30,000/-each from Vinod and Sneh. 
7. That accused VijayYadavfurtherdisclosed that on 
02/3.5.2015, he went to Shakti Resort at Behror, Rajasthan by 
private bus (which was arranged by main accused Roop Singh 
B Dangi). He also admitted that he met the said Veer Bahadur 
at Shakti Resort, Behror, Rajasthan where Roop Singh Dangi 
was already present who provided them new mobile phones 
and SIM cards. He further disclosed that Roop Singh Dangi 
had leaked the AIPMT question papers and supplied the 
C answer keys with the help of master solvers. He further stated 
that the solved answer keys were supplied to the candidates 
namely Vinod. Sneh. Nanah and Sujit during the examination 
hours through mobile phone from Behror. Rajasthan. He was 
produced before the Id. Area Magistrate, Rohtak on 02.6.2015, 
D which granted three days police remand. Further interrogation 
is going on. 
It is further submitted that, in reference to the DO letters 
written by the answering respondent to the SPs concerned 
E regarding verification of 260 suspected mobile numbers. 
report of 50 mobile numbers/SIM cards have been received 
till date. Out of these 50 mobile numbers. 22 mobile numbers/ 
SIM cards were found to be registered on fake identities." 
F **** 
**** 
**** 
**** 
11.06.2015: 
**** 
**** 
**** 
**** 
**** 
"4. That till date, 44 candidates have been found to be 
G confirmed beneficiaries who were supplied answer key s 
during the
examination by the gang through special vests fitted 
with electronic gadgets. The detail of 44. beneficiaries' 
candidates is annexed asANNEXURE R-1. It is pertinent to 
mention here that out of 44 candidates, FIRs, have already 
·H
TANVI SARWAL v. CENTRAL BOARD OF SECONDARY 797 
EDUCATION AND ORS. [AMITAVAROY, J.] 
been registered against three candidates in districts A 
Jamshedpur, Jharkhand. Out of the remaining 41 candidates, 
21 candidates were joined investigation by the SIT who 
admitted to having received answer keys through vests fitted 
with electronic devices during the examination hours. Notices 
to join investigation have been served upon the remaining 20 B 
candidates who ha1*e yet to do so. The above mentioned 44 
beneficiaries appeared in the examination at various centres 
spread across the country. Out of these, 15 candidates 
appeared at Siligudi, District Darjeeling, West Bengal; 11 
appeared at Rohtak, Haryana; four appeared at Ajmer, C 
Rajasthan; three appeared at Delhi; three appeared at 
Jamshedpur, Jharkhand, and one each at Shimla, Himachal 
Pradesh; Dehradun, Uttrakhand; Patna, Bihar; Gurgaon, 
Haryana; Chandigarh; Bhubaneswar, Odisha; Bagdogra, D 
District Darjeeling, West Bengal and Nagpur, Maharashtra and 
all them were able to secure answer keys through vests fitted 
with electronic devices. 
**** 
**** 
**** 
**** 
**** 
6. That from the investigation conducted so far, it has E 
been revealed beyond doubt that the network of this organized 
gang was spread across different parts of the countrv. 
Beneficiaries Sanjit and Naneh and the gang's intermediary/ 
handler Vi jay Yadav (MBBS student from SHU) were already F 
arrested from Kushi Nagar, Uttar Pradesh. It is further
submitted 
that on 07.6.2015, during the course of investigation, one 
Parimal Koth Paliwal S/o Sh. Chander Shekhar Paliwal 
resident of House No. 389 Gajesh Nagar, Nagpur, 
Maharashtra, who owns a consultancy firm in Nagpur, G 
Maharashtra was also arrested and during interrogation, he 
suffered the disclosure statement in which he admitted that he 
and his accomplice Abid Ali (2!!.!l year MBBS student in Basant 
Dada Pawar Medical College, Nasik, Maharashtra) were able 
to successfully deliver answer key to a candidate namely Sahil H
798 
SUPREME COURT REPORTS 
[2015] 7 S.C.R. 
A S/o Sh. Bhand Kishore Gaddam resident of Bodh Colony, Azad 
Chowk, District Gondia, Maharashtra through the same modus 
operandi. The notices were served upon both the accused to 
join the investigation. 
B 
7. It is further submitted that in reference to the DO 
c 
letters written by the answering respondent to various district 
SsP regarding verification of 358 suspected mobile numbers 
of beneficiaries, verification reports of 21 O mobile numbers 
have been received till date, the details of which are as under: 
44 mobile numbers were found to be registered on fake 
identities.166 mobile numbers were found to be registered 
on genuine addresses and as per the verification reports. 
relatives/wards of 37 out of these 166 mobile number users 
o appeared in AIPMT - 2015. Out of these 37 mobile number 
users, incriminating evidence has been found against 17 
candidates I SIM cards holders (confirmed beneficiaries). The 
remaining 20 users need to be joined investigation.The 
verification of remaining 148 mobile numbers is still under 
E process. 
-
**** 
***** 
10. During interrogation, accused Vijay Yadav stated 
that he knew two persons namely Vikas and Sumit both 
F residents of Prem Market, Gohana, District Sonipat, Haryana 
who are master solvers and who solved the question paper on 
. 03. 5.2015 from Shakti Resort, Behror, Rajasthan. Thereafter, 
on 06.6.2015 accused Vikas S/o Sh. Rishiraj and Sumit S/o 
Sh. Suresh both
residents of Ward No. 13, Prem Market, 
G Rohtak Gate, Gohana District Sonipat, Haryana were arrested. 
H 
During preliminary interrogation, they disclosed that one Guddu 
of Rohtak, Haryana contacted them before the examination 
and discussed about leakage of question paper of AIPMT -
2015 and it was also decided that they will be paid Rs. 50.000/
TANVI SARWAL v. CENTRAL BOARD OF SECONDARY 799 
EDUCATION AND ORS. [AMITAVAROY, J.J 
-each for solving the question paper and they further admitted A 
to having received Rs. 10.000/-each as advance money. Thev 
also disclosed that on 02.5.2015. the reached Shakti Resort. 
Behror. Rajasthan and in the evening they met the main· 
accused Roop Singh Dangi who told them that the question 
paper will be supplied to them about one hour prior to the start B 
of the examination. They further disclosed that main accused 
Roop Singh Dangi provided them question paper of AIPMT -
2015at about 10.30 AM and after receiving the question paper 
they solved it from Shakti Resort. Behror. Rajasthan and the 
answer keys were circulated to candidates across the country." C 
-
**** 
**** 
**** 
**** 
8. The CBSE in essence, while contending that there 
had been no omission or lapse on its part, in taking the o 
necessary precautions for making foolproof arrangements, for 
smooth and fair conduct of the examination, has asserted that 
in view of the time schedule fixed by this Court in Mridual Dhar 
Vs. Union of India (2005) 2 SCC 65 and Priya Gupta vs. State 
of Chhatisgarh (2012) 7 SCC 433, the prayer for holding a E 
fresh examination would evidently upset the same and would 
result in formidable delay in all the following stages and 
adversely impact upon the academic session as well as the 
prospects of the candidates involved. While iterating that, it 
having prepared the answer key of
11.5.2015 there was no F 
scope for the same being leaked prior to or on 3.5.2015 from 
its hold, the CBSE has stated, that in addition, it had provided 
various checks and balances, whereby every candidate in one 
examination room had been furnished with different sets of G 
question papers where not only the sequence of the questions 
was different but even the order of choices of the answers did 
vary. It has stated as well that, in order to ensure smooth and 
secured conduct of the examination, all necessary authorities 
including the Director General of Police/S.P. of Police of all H
800 
SUPREME COURT REPORTS 
[2015] 7 S.C.R. 
A the States and Union Territories had been requested to take 
the necessary steps. That in response to a request, made by 
the investigating agency, it had furnished the requisite 
information, with regard to the question key 1 to 90, has been 
stated. The CBSE has claimed, thatthe answer keys of four 
B sets of questions papers have been displayed on its web site 
from 18.5.2015 to 20.5.2015 and the individual OMR images 
of each candidate have also been provided from 21.5.2015 
to 23.5.2015. Accordingly, an opportunity to challenge the 
answer key had been provided to the candidates and their 
C objections as received have been finalized by the subject 
experts. It, however, admitted to have been reported of 29 
cases from certain examination centers in the country where 
unfair means were allegedly used in the examination and out 
0 of those, in 21 cases, candidates have been reported to have 
used electronic devices concealed in their vests/ 
undergarments. According to the Board, it did forward the 
details of 29 candidates to the investigating agency. While 
pleading that in such a situation, pending the completion of 
E the investigation, and identification of the beneficiaries of such 
malpractice, necessary action may be permitted to be taken 
against those already identified only and that the examination 
as a whole ought not to be scrapped in the interest of other 
students, the Board has indicated as well that having
regard 
F to the magnitude of the exercise to be undertaken, it would 
require at least 120 days to hold a fresh examination and that 
the whole process thereby would be delayed by four to seven 
months thus dislocating the time schedule therefor as fixed by 
this Court: 
G 
9. In this pleaded background, the learned counsels for 
the petitioners led by Mr. Jaideep Gupta, Sr. Advocate have 
assertively argued that it being evident from the findings in the 
investigation till this stage, that a countrywide network with a 
H preplanned design by a group of unscrupulous persons has
TANVI SARWAL v. CENTRAL BOARD OF SECONDARY 801 
EDUCATION AND ORS. [AMITAVAROY, J.] 
successfully made, inroads in the examination.process and A 
has been able to illegally communicate the answer keys to a 
substantial number of candidates through electronic devices, 
the entire process stands defiled beyond repair and thus it 
ought to be nullified forthwith. According to them, with the 
progress of the investigation, the modus operandi has become B 
apparent and the arrest of some of the perpetrators of the 
offence involved and the beneficiaries thereof, warrant 
immediate cancellation of the besieged examination in order 
to sustain the faith of all and sundry in the existing system of 
examination to judge the inter se merit of the participating C 
candidates. The learned counsels have insisted, that having · 
regard to the strategy applied and the electronic appliances 
used, non-identification of all the beneficiaries cannot be a 
defence to save the examination afflicted by an incurable D 
infirmity and thus a fresh examination is the only alternative in 
the attendant facts and circumstances. Having regard to the 
expected sanctity of an examination process, and the nature 
and extent of vitiation by the diabolic and deplorable outrages 
disclosed in the investigation till this stage, the beneficiaries E 
of the plot even if they remain unidentified, cannot be permitted 
to score a march over their counterparts who ar.e-not party to 
the fraud and cannot be made to
suffer for no fault of theirs, 
they maintained. 
~r 
10. Per contra, Mr. RanjitKumarappearing_forthe Union 
of India as well as the CBSE has asserted, that the Board 
having taken all precautions to hold the examination fairly and 
in accordance with the law, it cannot in any view of the matter 
F 
be held liable for any lapse. He has urged that, even assuming G 
that some beneficiaries of the alleged deceitful operation had 
been identified in course of the investigation, these being only 
44 in number, the whole process cannot be construed to have 
been invalidated thereby. He has argued that in such an 
eventuality, having regard to the time schedule fixed by this H
~ . 
802 
SUPREME COURT REPORTS 
[2015] 7 S.C.R. 
A Court andjp the interest of other six lakh students, at best, the 
results of these identified beneficiaries can be kept withheld 
and the process be allowed to proceed to its logical end. He 
reiterated, abiding by the pleaded .stand of the Board, that 
cancellation of the examination is not called for and that in case 
B it is done, it would require at least four months for the same to 
be held again having regard to the infrastructural and other 
imperatives. 
11. We have extended our anxious consideration to the 
C averments, the documents laid and the contentious arguments 
advanced. Admittedly, the examination under the scanner had 
been conducted by the CBSE on 03.05.2015. The duration of 
the examination, the type of questions, total marks and the 
mode of assessment of performance, have been referred to 
D hereinabove. 180 objective type questions were to be 
attempted by the students in the examination. While the test 
was on, as it appears from the status reports submitted before 
this Court by the Superintendent of Police, Rohtak, Haryana, 
a secret information was received that some persons namely 
E Bhupender S/o Shri Satpal, Rajesh S/o Shri Urned Singh, 
Sanjeet S/o Shri Ramkishan and Ravi S/o Shri Gorakh Singh, 
were involved in the leakage of answer key of the question 
paper oUhe said examination and the circulation thereof to 
F the candidates, in lieu of monetary gain and that they were 
moving around in
a Swift Car No. HR-12R-5552 in Rohtak. In 
course oflhe raids conducted by the police near examination 
centers, they intercepted a car with the above registration 
number on Delhi Byepass Road to Jhajjar Road, Rohtak in 
G which four persons were travelling. On interrogation, it 
appeared that the car was being driven by Dr. Bhupender Singh 
S/o Shri Satpal and on checking his mobile number 
9992472959, several answer keys were found stored therein 
and further message of such key had been forwarded at 12.51 
H PM on the same date i.e. 03.05.2015 to two mobile numbers.
TANVI SARWAL v. CENTRAL BOARD OF SECONDARY 803 
EDUCATION AND ORS. [AMITAVA ROY, J.] 
" 
As per the status report dated 20.05.2015, the answer key of A 
the same examination was found to be transmitted from the 
mobile number of Dr. Sanjeet, who was also travelling in the 
car to the mobile number of one Mr. Gautam, student of MBBS 
from Ujjain, Madhya Pradesh at 12.33 PM through Whatsapp. 
Investigation followed thereafter and is continuing as on date B 
as adverted to hereinabove from time to time, the investigating 
agency has submitted status reports on 20.05.2015, 
25.05.2015, 02.06.2015 and 11.06.2015, the relevant extracts 
wherefrom have already been quoted. A bare perusal of the 
said excerpts yields the following salient features: 
C 
(a) On verification of the identity of the other occupants 
of the car those were disclosed to be Rajesh S/o Shri 
Urned Singh and Ravi S/o Shri Gorakh Singh, a student 
ofMBBSfrom PGI, Rohtak. 
D 
(b) On frisking Ravi, a carton containing three~ests of 
gents and three vests of ladies were found to be tagged 
with micro SIM. 
(c) Similarly five Bluetooth devices were discovered from 
the possession of Sanjeet, a doctor. 
( d) One wrist watch consisting spy camera including data 
cables was recovered from the possession of Rajesh. 
(e) The arrested accused persons made disclosures 
indicating that a meeting was organized by•one Roop 
Singh Dangi S/o Ram Pal at his house at Omax City, 
Rohtak in which it was decided that Rs.20 lakh
each 
would be taken from the candidates to help them for 
qualifying in the examination and that the person who 
would be able to bring such candidates would be 
awarded 1/3 of the amount collected. 
(f) It was disclosed as well that Roop Singh Dangi had 
E 
F 
G 
H
804 
SUPREME COURT REPORTS 
[2015] 7 S.C.R. 
A 
leaked the question paper from Behror (Dist. Alwar, 
Rajasthan) and after arranging the answer key provided 
it to Dr. Bhupender, Ravi, Sanjeet and Rajesh at their 
mobile phones, to be transmitted to the beneficiaries in 
course of the examination. 
B 
c 
D 
E 
F 
G 
H 
(g) It was further disclosed that to actuate this plan one 
Shri Subhash Shrivastav, who runs an electronic gadgets 
shop in Patel Nagar, New Delhi in the name of "SPY 
SHOP", was contacted and after revealing to him the plan 
he was requested to supply undergarments of gents and 
ladies in which SIM devices etc. can be fixed to, which 
the shop owner agreed, at four times the normal price of 
the garments. 
(h) On 02.05.2015, Roop Singh Dangi and the co-
accused Sunny S/o Ranbir Singh booked four rooms on 
the ID of Sunny in Shakti Resort, Behror, DistrictAlwar, 
Rajasthan where, Roop Singh Dangi was present along 
with master solvers. Private cars and buses were used 
by Roop Singh Dangi to transport the master solvers/ 
beneficiaries from various places to Behror. 
(i) Roop Singh Dangi and co-accused namely Krishan, 
Sunny Dahiya etc. had telephoned several people in the 
cities ofBihar, Jharkhand, Uttar Pradesh, Rajasthan, 
Delhi, Maharashtra, Orissa and Haryana from several 
SIM cards from Behror. 
0) 
Out of 123 solved answers of code "G" found in the 
mobile set of the arrested accused Dr. Bhupender, 102 
answers were correct when compared with the
answer 
key provided by the CBSE on their official website. 
Similarly, 42 answers were found correct out of 50 solved 
answer key of Code 'F' delivered by the accused.
TANVI SARWAL v. CENTRAL BOARD OF SECONDARY 805 
EDUCATION AND ORS. [AMITAVAROY, J.] 
(k) Ravi was found involved in a similar malpractice 
A 
pertaining toAll India PG Medical Entrance Examination, 
2012 and also relating to State Bank of India Competition 
Examination by using electronic gadgets/devices. 
(I) About 358 mobile numbers have been used, for 
B 
receiving answer keys of unfairly solved question papers 
of the examination to be transmitted to various mobile 
phones across the country wh"'re the examination was 
underway. 
(m) Information was received from CBSE with regard to 
29 candidates involved in malpractices in the 
examination out of whom 21 had been found to be using 
the electronic devices concealed in their undergarments. 
(n) 18 such candidates whose names had been 
disclosed in the status report were caught in co1,1rse of 
,, J 
the examination with electronic devices in their vests. 
(o) Two arrested candidates namely Nanha Kumar S/o 
Shri Meena Parsad and Sujit S/o Shri Dud Nath who 
had also taken the examination and from whom vests 
fixed with micro SIM devices together with ea,rCJqevices, 
charger and two mobile phones of dual SIMs were 
recovered, disclosed that all these have been-provided 
to them by one Vijay Yadav, student of MBBS of 1st year 
in Banaras Hindu University, Uttar Pradesh. . 
c;, 
(p) These candidates further disclosed that Vijay Yadav 
and Rahul Verma have been able to qualify AIPMT, 2014 
examination by using the same modus
operandi. 
(q) These candidates admitted to have received the 
answer key during the examination though the three 
electronic devices which were supplied by Vijay Yadav 
and that with the help of the answer key they had solved 
c 
D 
E 
F 
G 
H
806 
A 
B 
c 
D 
E 
F 
G 
SUPREME COURT REPORTS 
[2015] 7 S.C.R. 
the question paper. 
(r) Vijay Yadav on his arrest did disclose, that he used to 
prepare for AIPMT examination along with Rahul Verma 
and that they were able to successfully qualify inAIPMT-
2014 by using the same modus operandi. 
He admitted that he along with Rahul Verma did contact 
Veer Bahadur for AIPMT, 2015 and planned to charge 
Rs.17 lakhs from each candidate to enable them to qualify 
in the examination. He admitted further to have provided 
vests fitted with electronic devices to the candidates 
Nanha Kumar, Surjit and others. 
He also admitted to have visited Shakti Resort, Behror, 
Rajasthan on 02/03.05.2015 and had participated in the 
meeting where Roop Singh Dangi and Veer Bahadur 
were present who provided new mobile phones and SIM 
cards to the persons concerned with the understanding 
that Roop Singh would leak the AIPMT question paper 
and supply the answer key with the help of master solvers. 
(s) Till date 44 candidates have been found to be 
confirmed beneficiaries in the scheme who have been 
supplied with answer keys during the examination through 
electronic devices installed in their vests. 
(t) Out of 358 suspected mobile numbers of the 
beneficiaries, 44 have been found to be registered on 
fake identities, 166 are registered on genuine basis and 
verification with regard to the remaining 148 mobile 
numbers is under process. 
The names and details of these 45 beneficiaries have
been furnished in the status report dated 01.06.2015 
H 
12. The investigating agency in its report has stated in
TANVI SARWAL v. CENTRAL BOARD OF SECONDARY 807 
EDUCATION AND ORS. [AMITAVA ROY, J.] 
clear terms that from the disclosures recorded, it is beyond A 
doubt that the strategy of providing answer key has_ been 
executed by an organized gang with a network spreading over 
different parts of the country. The Inspector General of Police, 
Haryana who was present with his team, having been granted 
the leave, submitted thatthe investigation in full swing is in B 
progress and that undoubtedly many more beneficiaries of the 
plot would be identified at the earliest. He however could not, 
provide a deadline of time by which it could be done and the 
ongoing investigation could be completed. He frankly admitted 
as well, that in the process it might not be possible to identify C 
each and every beneficiary of the malpractice perpetrated. 
13. On a consideration of the revelations in course of 
the investigation, we are of the view that the examination indeed 
have been exposed to a cl.eep rooted conspiracy of a gang of D 
persons who with the aid of electronic devices have been able 
to access the beneficiary candidates with the answer keys 
during the test so as to enable them to solve the question paper. 
Th.is, as the investigation discloses was on the basis of a 
premeditated design and the benefit has been extended on E 
monetary consideration. These, we hasten to add, are 
gathered from the status reports submitted before this Court 
from time to time, the authenticity whereof
has not been 
questioned. The disclosures, to state the least, are startling F 
and alarming as well. The status reports disclose involvement 
of persons who had been similarly involved in such a strategy 
and are the beneficiaries thereof. We have noted that the 
investigation in the cases registered has progressed well and 
havirig regard to the magnitude of the exercise involved, we G 
accept that some more time would be necessary to complete 
the same in all respects. 
14. Situated thus, with the time schedule fixed by this 
Court for completion of the admission process for the 1•1 H
808 
SUPREME COURT REPORTS 
(2015) 7 S.C.R. 
A MBBS/BDS courses as per the pronouncements made in 
Mridu/ Dhar vs. Union of India, (2005) 2 SCC 65 and Priya 
Gupta vs. State of Chattisgarh, (2012) 7 SCC 433, there are 
presently two alternative courses, either to segregate the 44 
already identified beneficiary candidates, direct their results 
B to be withheld and permit CBSE to proceed with process 
underway or direct a fresh examination by cancelling the 
ongoing exercise. 
15. As has been noticed hereinabove, the disclosures 
C in the investigation suggest that the benefit of answer key has 
been availed by several candidates taking the examination, 
by illegal means. Though as on date, 44 such candidates have 
been identified, having regard to the modus operandi put in 
place, the numbers of cell phones and other devices used, it 
D is not unlikely that many more candidates have availed such 
undue advantage, being a part of the overall design and in the 
process have been unduly benefited qua the other students 
who had made sincere and genuine endeavours to solve the 
answer paper on the basis of their devoted preparation and 
E hard labour. In view of the widespread network, that has 
operated, as the status reports disclose and the admission of 
the persons arrested including some beneficiary candidates, 
we are of the opinion, in view of the strong possibilities of 
F identification of other candidates as well involved in such mal 
practices, that the examination
has become a suspect. As it 
is, the system of examination pursued over the decades, has 
been accepted by all who are rationale, responsible and 
sensible, to be an accredited one, for comparative evaluation 
G of the merit and worth of candidates vying for higher academic 
pursuits. It is thus necessary, for all the role players in the 
process, to secure and sustain the confidence of the public in 
general and the student fraternity in particular in the system by 
its unquestionable trustwq~hiness. Such a system is endorsed 
H because of its credibility informed with guarantee of fairness,
TANVI SARWAL v. CENTRAL BOARD OF SECONDARY 809 
EDUCATION AND ORS. [AMITAVAROY, J.] 
transparency authenticity and sanctity. There cannot be any A 
compromise with these imperatives at any cost. 
16. Segregation only of the already 44 identified 
candidates stated to be the beneficiaries of the unprincipled 
manoeuvre11y withholding their results for the time being, in B 
our comprehension cannot be the solution to the problem that 
confronts all of us. Not only thereby, if the process is allowed 
to advance, it would be pushed to a vortex of litigation 
pertaining thereto in the foreseeable future, the prospects of 
the candidates would not only remain uncertain and tentative, C 
they would also remain plagued with the prolonged anguish 
and anxiety if involved in the ordeal of court cases. Acting on 
this option, would in our estimate, amount to driving knowingly 
the students, who are not at fault, to an uncertain future with 
their academic career in jeopardy on many counts. Further, D 
there would also be a lurking possibility of unidentified 
beneficiary candidates stealing a march over them, on the 
basis of the advantages availed by them through the underhand 
dealings as revealed. Having regard to the fact, that the course 
involved with time would yield the future generations of doctors E 
of the country, who would be in charge of public health, their 
inherent merit to qualify for taking the course can by no means 
be compromised. 
17. As would be available from
the status reports, out F 
of 123 solved answers of a particular code and retrieved dam 
the mobile set of one of the persons arrested i.e. Dr. 
Bhupender, 102 answers were found correct on a comparison 
with the answer key provided by the CBSE. As referred to 
hereinabove, 358 mobile numbers had been pressed into G 
service and at least 300 vests fitted with electronic devices 
have been used. Having regard to the uncompromising 
essentiaiity of a blemish less process of examination involving 
public participation, we have no alternative but to hold that the H
810 
SUPREME COURT REPORTS 
[2015] 7 S,C.R. 
A examination involved, suffers from an infraction of its expected 
requirement of authenticity and credence. We are conscious 
of the fact that every examination being conducted by a human 
agency is likely to suffer from some shortcomings, but 
deliberate inroads into its framework of the magnitude and 
B the nature, as exhibited, in the present case, demonstrate a 
deep seated and pervasive impact, which ought not to be 
disregarded or glossed over, lest it may amount to travesty of 
a proclaimed mechani&m to impartially judge the comparative 
merit of the candidates partaking therein. If such an 
C examination is saved, merit would be a casualty generating a 
sense of frustration in the genuine students, with aversion to 
the concept of examination. The possibility of leaning towards 
unfair means may also be the ultimate fall out. Even if, one 
0 undeserving candidate, a beneficiary of such illegal 
machination, though undetected is retained in the process it 
would be in denial of, the claim of more deserving candidates. 
At the present, the examination stands denuded of its sanctity 
as it is not possible to be cleansed of all the participating 
E beneficiary candidates with certainty. We are thus, on an 
overall assessment of the materials on record, left unpersuaded 
to sustain the examination. We must observe that till this stage 
of the investigation, no conscious lapse or omission on the 
part of the Board,
contributing to the otherwise appalling 
F mischief has surfaced. 
18. Conscious are we that, as a consequence, the All 
India Pre-Medical and Pre-Dental Test 2015 would have to be 
annulled, thereby disturbing the time schedule fixed by this 
G court in Mridul Dhar(supra) and Priya Gupta (supra). Though 
we respectfully subscribe to the calendar of dates fixed in these 
cases, more particularly in the textual context thereof, we 
perceive that in the extraordinary fact situation that confronts 
us, where the examination involved is vitiated to the core by 
H use of deceitful means and measures to benefit some, the
, TANVI SARWAL v. CENTRAL BOARD OF SECONDARY 811 
EDUCATION AND ORS. [AMITAVAROY, J.] 
consideration of departure from the said time schedule per se A 
would not be a wholesome j4stification to sustain the otherwise 
tainted exercise. The time frame fixed by this court in the above 
cases, in our opinion, was not intended to be inflexibly adhered 
to in the situation of the kind with which we are seised of. The 
schedule of dates was fixed, so as to streamline and discipline B 
the process of admission by its uniform application. In that 
view of the matter, we are of the understanding that the 
annulment of the examination and the consequences to follow, 
in the singular facts and circumstances of the cases, would 
" not in any way be repugnant to the renderings of this court in C 
Mridul Dhar(supra) and Priya Gupta (supra). The course we 
. proposed to embark upon, is the demand of the situation based 
on contemporaneous official records and that facts 
corroborated thereby. The pleadings of the Board, that its D 
answer key had been prepared on 11.5.2015 and that the same 
for all the four sets of question paper, had been displayed on 
its website from 18.5.2015 to 20.5.2015, along with the 
individual OMR images of each candidate between 21.5.2015 
and 23.5.2015 whereafterthe challenges from the candidates E 
have been received and have been verified with the subject 
experts, in the teeth of the disclosures in the investigation lack 
in persuasion to save the
examination. 
19. We are aware, that the abrogation of the F 
examination, would result in some inconvenience to all 
concerned and that same extra time would be consumed for 
holding a fresh examination with renewed efforts therefor. This 
however, according to us, is the price, the stakeholders would 
have to suffer in order to maintain the impeccable and G 
irrefutable sanctity and credibility of a process of examination, 
to assess the innate worth and capability of the participating 
candidates for being assigned inter se merit positions 
commensurate to their performance based on genuine and 
sincere endeavours. It is· a collectiVl¥challenge that all the role-
H
'812 
SUPREME COURT REPORTS 
[2015] 7 S.C.R. 
A players would have to meet, by rising to the occasion and fulfill 
the task ahead at the earliest, so as to thwart and abort the 
deplorable design of a mindless few seeking to highjack the 
process for selfish gain along with the unscrupulous 
beneficiaries thereof. Though the Board has taken a plea that 
B having regard to the enormity of the exercise to be undertaken, 
the same cannot be redone before four months, we would 
emphasize that this is an occasion where it (the Board) ought 
to gear up in full all its resources in the right spirit, in 
C coordination with all other institutions that may be involved so 
as to act in tandem and hold the examination afresh at the 
earliest. In the course of the arguments, this court was 
apprised that on previous occasions such type of examination 
had been held anew within a period of one month. We have no 
0 reason to doubt, that all other institutions would not lag behind 
to extend all possible assistance to the Board in its renewed 
endeavour. We are not unaware that in holding the present 
examination as well as in participating in the exercise, all 
genuinely concerned have put in tireless efforts. All these 
E however have been rendered futile by a handful of elements 
seeking to reap undue financial gain by subjecting the process 
to their evil manoeuvres. We have thus no hesitation to order 
that the All India Pre-Medical and Pre-Dental Test stands 
cancelled. The CBSE
would now have to hold a fresh 
F examination at the earliest, by complying with all necessary 
and prescribed norms, being mindful of the exigency amongst 
others of the commencement of the academic session which 
presently stands scheduled to be on and from 01.8.2015. We 
direct the Board, in the attendant of facts and circumstances 
G to hold the examination within a period of four weeks from 
today. It would take the necessary follow up steps in the 
coordination with all other institutions involved in the admission 
process and space the intermediate phases in the same 
pattern (understandably with dates changed) of the time 
H
TANVI SARWAL v. CENTRAL BOARD OF SECONDARY 813 
EDUCATION AND ORS. [AMITAVAROY, J.] 
schedule as mandated by this court in Mridul Dhar (supra) A 
Priya Gupta (supra). Endeavours should be made to minimize 
the delay after the examination is held afresh as directed. We 
part with the expectation that the CBSE and the other 
stakeholder institutions would act in the right sprit in complying 
with this order for the paramountcy and trustworthiness of the B 
system as well as the sustena.nce of the confidence that it 
enjoys. We all owe this, in the minimum, to the society in general 
and the student community in particular . 
.... 
20. These petitions are thus allowed to the extent C 
indicated herein above. The investigating agency would, in 
accordance with law, complete its drill with all alacrity and 
earnestness. We reiterate, that the references to the status 
reports and the contents thereof so far relatable to the cases 
in hand have been only in the context of the adjudication of the D 
issues involved herein and have to be construed accordingly. 
21. No costs. 
Kalpana K. Tripathy 
Writ Petitions allowed. 
E