The petitioners claim that they refused to buy
the question papers, but there were many who purchased these question papers.
Post-dated cheques worth Rs.1,60,00,000/~ were recovered along with
photocopies of admit cards of 9 doctors for AIPGMEE, along with agreements
that had been entered Into by aspirant doctors etc. Pawan Thakur was offering
to sell the question paper for AIPGMEE for Rs.10 lacs. The solved question
paper was to be given on the eve of the date of examination. Upon the
candidate being satisfied that question paper as given in the examination was
the very question paper that had been solved and shown the candidate was
required to make cash payment and take back the post-dated cheque. Petitioners
claim that the results as declared have vindicated their position and
confirmed their belief about the leakage of question paper. 70 students of
King George Medical college are stated to have been successful in the
examination. Some colleagues of the petitioners and many other candidates at
other centres across the country, had procured solved question paper. The
question paper, it is claimed, had leaked in Delhi and Lucknow and was sold at
Rs.10.5 lacs each. A transfer petition had also been moved by the AIIMS before
the Supreme Court for transfer of the pending writ petitions in Allahabad High
Court and Patna High Court to this Court. Petitioners have not disclosed their
sources of information or identified those persons who had offered to sell the
question paper. This, as per the AIIMS, should dispel any claim of mass
leakage or availability of question papers prior to 6.1.2002 in Delhi and
Lucknow 11. Delhi Police had submitted a status report with regard to the
investigation carried out During the course of proceedings, the petitioners
had also disclosed the names of some of the successful candidates with whom
the question paper had been seen, prior to the examination. The sub-dean
Examination Prof. Gupta of AIIMS also explained to the court in Chamber, the
entire process of paper setting, printing and transportation of the question
papers and holding of the examination, the safety precautions taken for
conduct of the examination.
The Crime Branch of Delhi police after investigation in the Pawan Thakur case as well as based on the leads given during the progress of the writ petition by the petitioners has not yet found any evidence of leakage of question paper. AIIMS maintain that they have looked into the entire matter and found no evidence of leakage and sale of question paper prior to the examination.
Let us analyse the facts and evidence as available in respect of the alleged leakage of question paper.
(1) The examination for AIPGMEE -2002 had been conducted in 15 cities with 61 centres of which 9 were in Delhi. There were 4 centres in Lucknow. 30515 students appeared in the examination. The examination was conducted on 6.1.2002. The results were announced on 15.2.2002. Curiously seven out of first 10 positions have gone to the candidates from GSVM Medical College, Kanpur and King George Medical College Lucknow who had all appeared from the examination centres at Lucknow. It is not the case of petitioners that all the 7 candidates had access to the question paper prior to the examination.
(2) A photo copy of the actual question paper containing 269 questions of AIPGMEE-2002 examination has been filed on record by the petitioners. It commences from question No.13 and continues upto question No.279. It appears that since the question paper had 300 questions, the first 1 to 12 questions and question Nos.280 to 300 are missing. The procedure of the examination is that the question papers are made available to the candidates along with the answer sheet. The photo copy of question paper before us is the one which has 3 stars. The availability of the question paper has not been explained by the respondents, as all question papers are required to be handed back by the candidate. AIIMS had not reported any case where the candidate had either torn the first and last sheet of question paper returned by the candidate. AIIMS are reported to have checked over around 30, 000 question papers. the availability of photo copy of the question paper has not been explained by the respondents. The photo copy of question paper has been attempted to be solved. In these circumstances, the question which arises for consideration is could the photo copy of question paper filed, be the copy of a question paper that had been leaked?
(4) CBI may even consider the forensic examination of photo copy to ascertain
and determine its source by matching it with part of the original question
paper, if available.
(3) AIIMS on noticing the advertisement that had appeared in the Hindustan Times on 29.12.2001 in the name of Shiksha Consultants Pvt. The investigation conducted by the Investigating Officer at Sardar Patel Hostel Kasturba Gandhi Medical College and other places have not so far revealed any foul play or leakage of question paper prior to the date of examination. Three doctors who had entered into agreement with Pawan Thakur for supply of question paper, failed in the examination. Any leakage of a question paper or a conspiracy therefor is always shrouded in secrecy. Lastly, the availability of the actual question paper photocopy of which has been filed on record. Was it result of the leakage of the question paper or any particular candidate had not returned the question paper to the invigilator? The candidate who is responsible must be identified and action taken.
(4) CBI may even consider the forensic examination of photo copy to ascertain and determine its source by matching it with part of the original question paper, if available.