As per case facts, the petitioner, Ankit Dahiya, achieved high marks in the Assistant Grade-3 (Depot) online examination. However, the Food Corporation of India (FCI) withheld his result based on ...
CWP No. 22945-2021(O&M) 1
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
CWP No. 22945-2021 (O&M)
Ankit Dahiya ....Petitioner
versus
Union of India and anr. ...Respondents
Date of Reserve: 17.07.2026
Date of Pronouncement: 27.07.2026
Uploaded on:- 27.07.2026
Whether only the operative part of the judgment is pronounced? No
Whether full judgment is pronounced? Yes
CORAM: HON'BLE MRS. JUSTICE SUDEEPTI SHARMA
Present: Mr. L.K. Gollen, Advocate, (Through VC)
for the petitioner.
None for respondent No. 1.
Mr. K.K. Gupta, Advocate
for respondent No. 2.
****
SUDEEPTI SHARMA , J.
1. The present writ petition is filed under Article 226 of the
Constitution of India for issuance of writ in the nature of certiorari for quashing
result dated 27.07.2019 issued by respondent No. 1
2. Learned counsel for the petitioner contends that despite the fact that
the petitioner secured 99.50 marks out of 120 marks and selected candidates have
secured lesser marks than the petitioner, still the result of the petitioner is
withheld. He, therefore prays that the present petition be allowed.
3. Per contra, learned counsel for respondent No. 2 argues on the lines
of written statement and prays for dismissal of the writ petition.
CWP No. 22945-2021(O&M) 2
4. I have heard learned counsel for the parties and perused the whole
file of this case with their able assistance.
5. Before proceeding further, it would be apposite to reproduce the
relevant portion of the written statement dated 16.10.2023 filed by respondent
No. 2. The same reads as under:-
“PRELIMINARY OBJECTION
1. That a wrong doer has no right to seek a writ of mandamus for
legalizing the wrong committed by him. In fact, the result of the
petitioner was withheld as the petitioner was found to be involved in the
use of unfair means by the recruiting agency engaged for making
recruitment to the advertised posts. Vide Advertisement No.01/2019
(Annexure P-1), total 1998 Category III posts were advertised for
making recruitment in the North Zone of the Food Corporation of India.
The petitioner applied for the post of Assistant Grade-III (Depot) under
Registration No. 43486039 and was allotted Roll No.1571004199. The
selection process consisted of Online Test in two phases. The 1st phase
of Online Test was common for all the posts and consisted of 100
Multiple Choice Objective Questions which were to be solved in 60
minutes. The marks obtained in the 1st phase Online Test was not to be
considered in the final merit ranking. The 2nd phase Online Test for the
post of AG-III (Depot) for which the petitioner had applied consisted of
120 Multiple Choice Questions which were to be solved in 90 minutes.
After the 2nd phase Online Test, the selected candidates in order of
merit were to be called for verification of documents. For the
recruitment to the aforesaid posts, the FCI utilized the services of
Institute of Banking Personnel Selection (IBPS) which is one of the most
CWP No. 22945-2021(O&M) 3
experienced and reputed organization and has conducted recruitment
for various Banks / Public Sector undertakings. The IBPS is an
autonomous body and is registered as a public trust under the Bombay
Public Trust Act, 1950 and has been designated as a Scientific &
Industrial Research Organization by the Department of Scientific &
Industrial Research, Ministry of Science and Technology, Government
of India. It is an independent entity at the behest of Reserve Bank of
India and Public Sector Banks. IBPS envisages a self-governed
Academic & Research Oriented Institute, with the object of enhancing
Human Resource Development through personnel assessment. It is
known for assessing candidates with accuracy which is time tested and
validated. IBPS has developed time tested scientific and theoretical
method for detection of unfair means / malpractices by the applying of
which, a report / analytical data of merit listed pairs of candidates
suspected to have copied / used unfair means is prepared. In the present
case also, IBPS has reported the suspected use of unfair means by the
petitioner on finding identical wrong answers by indulging in unfair
means / malpractices. The FCI has withheld the result of all such
candidates including the petitioner. IBPS's document titled as "detection
of use of unfair means /malpractices in objective tests" giving detailed
methodology for detection of use of unfair means inter-alia provides as
under:-
"PROCESS FOLLOWED AT IBPS FOR IDENTIFYING CASES OF
USE OF UNFIAR MEANS:
(i) IBPS has practice of analyzing the responses of all candidates
who have appeared in objective tests of all the examinations at a
CWP No. 22945-2021(O&M) 4
particular center (city/town) for identifying cases of use of unfair
means.
(ii) IBPS has indigenously developed software for identifying such
cases based on an internationally accepted method. The responses of
each candidate are compared with the responses of all the remaining
candidates at each center (city/town) and matched for identical
responses. The software generates report of all pairs of cases which
have identical responses mainly identical wrong responses.
(iii) This report is critically reviewed by group of IBPS experts. The
expert group considers the following in addition to identical wrong
answers while deciding on reporting use of unfair means and a final
report is prepared only after the committee views other factors
supporting the analysis and the cases are forwarded to the bank for
taking necessary action:
(1) Evidence of any random/pattern marking.
(2) Identical matches of 'intermittent' and 'end' skipped questions.
(3) Item which otherwise show different answer across center.
(4) Evidence of copying by a common group of candidates.
IBPS removes these candidates from the result of its own examinations
(CWES). For all other examinations, the report is sent to the concerned
organization."
By using the aforesaid robust analytical method for detection of
use of unfair means by the candidates in the online examination on the
basis of analysis of responses given by the candidates, the unfair means
report in respect of the petitioner found that the responses of the
CWP No. 22945-2021(O&M) 5
petitioner were matching with six other candidates as explained below:-
a) Comparison of the Petitioner (Roll No. 1571004199) with another
candidate (Roll No. 1571004068).
The scoring pattern of both the candidates in Data Analysis (20
Questions, 20 marks) have been compared. Total 19 responses of both
the candidates are matching. Out of these 19 responses, 15 are right
answers, which are matching, being right answers. The main analysis
relates to the remaining 4 questions with matching responses. Out of
these 04 questions, 4 same wrong answers have been marked by both
the candidates for the remaining 4 questions. The matching responses to
these 4 questions alongwith only 1 response being different for these
two candidates have led to the conclusion of use of unfair means with
good degree of accuracy. He has a very high match and found with
many other candidates with similar responses on Data Analysis /
Quantitative Aptitude.
b) Comparison of the Petitioner (Roll No. 1571004199) with another
candidate (Roll No. 1571004518).
The scoring pattern of both the candidates in Test 2 i.e. English
Language (20 Questions, 20 marks) have been compared. Total 20
responses of both candidates are matching. Out of these 20 responses,
17 are right answers, which are matching being right answers. Further,
same wrong answers have been marked for the remaining 3 questions of
these two candidates. The matching responses to these 17 questions
alongwith 3 responses being wrong for these two candidates have led to
the conclusion of use of unfair means with good degree of accuracy.
100% matching with the comparison.
CWP No. 22945-2021(O&M) 6
c) Comparison of the Petitioner ((Roll No. 1571004199) with another
candidate (Roll No. 1571004571).
The scoring pattern of both the candidates in RE (Reasoning) (30
Questions, 30 marks) have been compared. Both the candidates have
answered 29 questions correctly. Out of these 29 responses 27, are right
answers, which are matching being right answers. Remaining 2 are
wrong responses and 1 is different matching. The scoring pattern in the
English Language (20 Questions, 20 Marks) has also been compared.
Total 20 responses of both the candidates are matching. Out of these 20
responses, 17 are right answers, which are matching, being right
answers. And same wrong answers have been marked by both the
candidates for the remaining 3 questions. The scoring pattern of both
the candidates in Test 2 i.e. Computer Proficiency (20 Questions, 20
marks) have been compared. Total 20 responses of both the candidates
are matching. Out of these 20 responses, 18 are right answers, which
are matching being right answers. The main analysis relates to the
remaining 2 questions with matching responses. Out of these 2
questions, the same questions have been left blank by both the
candidates, which again are not End Blanks but Intermediate Blanks.
The scoring pattern in the Test 3, Data Analysis (20 Questions, 20
marks) has also been compared. Total 18 responses of both the
candidates are matching. Out of these 18 responses, 13 are right
answers, which are matching, being right answers. The main analysis
relates to the remaining 5 questions with matching responses. Out of
these 5 questions, 3 same questions have been wrong answers marked
by both the candidates. The matching responses to these 5 questions
CWP No. 22945-2021(O&M) 7
alongwith only 2 responses being different for these two candidates
have led to the conclusion of use of unfair means with good degree of
accuracy.
d) Comparison of the Petitioner ((Roll No. 1571004199) with another
candidate (Roll No. 1571004649).
The scoring pattern of both the candidates in the English
Language (20 Questions, 20 Marks) has also been compared. Total 20
responses of both the candidates are matching. Out of these 20
responses, 17 are right answers, which are matching, being right
answers. And same wrong answers have been marked by both the
candidates for the remaining 3 questions which are 100% Matching.
The scoring pattern of both the candidates in Data Analysis (20
Questions, 20 marks) have been compared. Total 19 responses of both
the candidates are matching. Out of these 19 responses, 15 are right
answers, which are matching, being right answers. The main analysis
relates to the remaining 4 questions with matching responses. Out of
these 04 questions, 4 same wrong answers have been marked by both
the candidates for the remaining 4 questions. The matching responses to
these 4 questions alongwith only 1 response being different for these
two candidates have led to the conclusion of use of unfair means with
good degree of accuracy. He has a very high match and found with
many other candidates with similar responses on Data Analysis
/Quantitative Aptitude.
e) Comparison of the Petitioner (Roll No. 1571004199) with another
candidate (Roll No. 1571005106).
The scoring pattern of both the candidates in RE (reasoning) (30
CWP No. 22945-2021(O&M) 8
Questions, 30 marks) have been compared. Both the candidates have
answered 29 questions correctly. Out of these 29 responses, 27 are right
answers, which are matching being right answers. Remaining 2 are
wrong responses and 1 is different matching. The scoring pattern in the
English Language (20 Questions, 20 Marks) has also been compared.
Total 20 responses of both the candidates are matching. Out of these 20
responses, 17 are right answers, which are matching, being right
answers. And same wrong answers have been marked by both the
candidates for the remaining 3 questions. The scoring pattern of both
the candidates in Test 2 i.e. Computer Proficiency (20 Questions, 20
marks) have been compared. Total 20 responses of both the candidates
are matching. Out of these 20 responses, 18 are right answers, which
are matching being right answers. The main analysis relates to the
remaining 2 questions with matching responses. Out of these 2
questions, the same questions have been left blank by both the
candidates, which again are not End Blanks but Intermediate Blanks.
The scoring pattern in the Test 3, Data Analysis (20 Questions, 20
marks) has also been compared. Total 19 responses of both the
candidates are matching. Out of these 19 responses, 14 are right
answers, which are matching, being right answers. The main analysis
relates to the remaining 5 questions with matching responses. Out of
these 5 questions, 5 same questions have been wrong answers marked
by both the candidates. The matching responses to these 5 questions
alongwith only 1 responses being different for these two candidates
have led to the conclusion of use of unfair means with good degree of
accuracy.
CWP No. 22945-2021(O&M) 9
f) Comparison of the Petitioner (Roll no. 1571004199) with another
candidate (Roll No. 1571007345).
The scoring pattern of both the candidates in RE (Reasoning) (30
Questions, 30 marks) have been compared. Both the candidates have
answered 30 questions correctly. Out of these 30 responses 28 are right
answers, which are matching being right answers Remaining 2 are
wrong responses which is 100% matching. The scoring pattern in the
English Language (20 Questions, 20 Marks) has also been compared.
Total 20 responses of both the candidates are matching. Out of these 20
responses, 17 are right answers, which are matching, being right
answers. And same wrong answers have been marked by both the
candidates for the remaining 3 questions, which is 100% matching. The
scoring pattern of both the candidates in Test 2 i.e. Computer
Proficiency (20 Questions, 20 marks) have been compared. Total 20
responses of both the candidates are matching. Out of these 20
responses, 18 are right answers, which are matching being right
answers. The main analysis relates to the remaining 2 questions with
matching responses. Out of these 2 questions, the same questions left
blank by both the candidates, which again are not End Blanks but
Intermediate Blanks. The scoring pattern in the Test 3, Data Analysis
(20 Questions, 20 marks) has also been compared. Total 19 responses
of both the candidates are matching. Out of these 19 responses, 14 are
right answers, which are matching, being right answers. The main
analysis relates to the remaining 5 questions with matching responses.
Out of these 5 questions, 5 same questions have been wrong answers
marked by both the candidates. The matching responses to these 5
CWP No. 22945-2021(O&M) 10
questions alongwith only 1 response being different for these two
candidates have led to the conclusion of use of unfair means with good
degree of accuracy".
In view of the aforesaid analysis made by the Experts of the
Recruiting Agency i.e. IBPS, the result of the petitioner has rightly been
withheld in view of the categorical provisions contained in recruitment
advertisement Clause 38 at page 36 of CWP and highlighted Note
contained at page 41 of CWP. In fact, exactly similarly proposition
came up for consideration before the High Court of Delhi in the case of
Varun Bhardawaj Vs. State Bank of India and others in LPA No. 155 of
2013 decided on 24.11.2015 wherein by a detailed judgment, the
aforesaid procedure and the action taken their upon has been up held.
The operative part contained in para no. 24 of the said judgment is
reproduced as under:-
"Para 24. The Court is conscious that technology often
empowers citizens: at the same time it has the potential to
facilitate misuse. In the context of the facts of this case, this
court is not persuaded with the appellant's submission that
without tangible material or evidence, the SBI could not have
inferred the employment of "unfair means" by candidates
generally and the petitioner in particular. Use of electronic
devices to transmit information- either in the form of text
messages or by use of hidden listening devices which go
undetected may be hard to establish. That does not mean that
LPA 155/2013 page 17 patterns which are discernible and are
thrown up on application of scientific formulae or statistical
CWP No. 22945-2021(O&M) 11
models, which leads to further examination of the primary
material should be eliminated by the Courts. In the present
case, the pattern which emerged showed that he appellant's
results in respect of wrong answers matched with some other
candidates who also appeared in the New Delhi Center. On
further scrutiny, the reasonableness of the suspicion was
strengthened by the manner of his attempting the answers.
These, in the opinion of the court, were sufficient basis for the
SBI to conclude that unfair means had been employed and
withhold his result. The directions sought are, therefore,
unavailable in exercise of judicial review discretion under
Article 226 of the Consultation. As a result, this Court finds
that the impugned judgment and order of the learned Single
Judge does not call for interference. The appeal is, therefore,
dismissed without any order as to costs."
6. A perusal of the above referred to written statement filed by
respondent No. 2 shows that the respondents utilised the service of Institute of
Banking Personnel Selection (IBPS) which is most experienced reputed
Organization for conducting recruitment of various banks/public sector
undertakings. It further shows that a detailed comparison analysis of the answer
sheet of the petitioner with other candidates is drawn. And as per IBPS, the result
of the petitioner was withheld on the conclusion that he was held guilty of using
unfair means with good degree of accuracy.
7. A division Bench of Delhi High Court in a case of Varun Bhardwaj
vs. State Bank of India and others, 2015:DHC:9594-DB has upheld the system
CWP No. 22945-2021(O&M) 12
of Institute of Banking Personnel Selection (IBPS), which is scientific and
theoretical method of detection of unfair means of malpractices. The relevant
portion of the judgment is reproduced as under:-
14. As is evident from the discussion in the previous portion of
this judgment, the appellant applied for recruitment to the post
of Clerk in the SBI pursuant to a public advertisement issued by
the latter. He appeared in the written test on 15.11.2009.
Significantly the written test was a multiple choice objective
type question paper which required the candidate to indicate or
choose one among 5 options for each question that had to be
attempted by her or him. This meant that the candidate had to
be sure of the answer or instead, guess the correct answer from
amongst the 5 choices. Obviously four of the options are
incorrect. The petitioner's result was not declared: rather, it
was withheld by the SBI. He sought information under the RTI
Act, unsuccessfully. He therefore approached this Court in writ
proceedings. Before the learned single judge, SBI's position was
that the LPA 155/2013 Page 8 manner in which the appellant
attempted the questions was such that his pattern of incorrect
answers matched entirely with the incorrect answers of 2 other
candidates. Both the other candidates, like the appellant, had
attempted the written test in the same zone - though in separate
centers. Looking at the pattern of incorrect answers obtained,
SBI decided to cancel the result of the appellant and the other 2
candidates. The SBI also deposed in its affidavit before the
learned single judge that as many as 976 candidates had
CWP No. 22945-2021(O&M) 13
similarly adopted unfair means in the written test conducted by
it. The SBI informed the Court that this could be ascertained by
the adoption of the methodology evolved by IBPS, uniformly to
detect the pattern of incorrect answers beyond a certain
number. The learned single judge was satisfied that SBI's action
was not arbitrary and that the court in exercise of its judicial
review jurisdiction, would not substitute the opinion of experts
with their own.
15. The appellant's objection to the cancellation of his result
and candidature is primarily based on the adoption of a
statistical method; he contends that without any tangible
material or proof of his using unfair means, SBI could not have
validly cancelled his test and withheld the result. His argument,
in other words, is that in order to say that a candidate is guilty
of using unfair means, the authority (public employer or
examining body) should have material in the form of a report of
an invigilator who sees or finds something wrong in the
behavior of the candidate, or recovers something or object from
a candidate or notices the use of unfair means by her or him.
SBI, on the other hand, highlights that in the recent past,
candidates have been known to receive answers from other
source(s) through modern communication devices like cell
phone. The detection of such irregularity therefore, is inbuilt in
the multiple choice objective test LPA 155/2013 Page 9 process,
which is tailor made to find out - through post examination test
analysis - whether a few or a group of candidates used unfair
CWP No. 22945-2021(O&M) 14
means. The disclosure of a pattern, found through a time tested
statistical sample method, leads to scrutiny of the answer sheets
after which the SBI finally decides whether the candidate or
candidate's test should be cancelled.
16. SBI relies on IBPS's document entitled "Detection of use of
unfair means/Malpractices in objective tests". Part III of the
said document states that IBPS consider two important
criteria; one, where a pair of candidates answer 12 or more
identical wrong answers; and the mismatches (number of
questions with different answers) being small, i.e 5 or less.
The other, criteria is to detect those scoring high in tests, but
having used unfair means, discernable by application of a two
pronged filter (a) criteria by which pairs of candidates have
more than 90 % number of questions, containing wrong
answers are picked up. Identical wrong answers (IWWs)
should be a minimum number for a different set of total
number of questions: (i) for a 50 item test, IWW should be
more than 5 or more; (ii) where the total number of questions
is 75, the identical wrong answers should be minimum 7, etc
and so on. The document further states as follows:
"It can be concluded that the candidates under
criteria (A) have used unfair means beyond all
reasonable doubts. It can be inferred based on the
very low probability of such an event occurring by
chance with good degree of accuracy that the
candidates under Criteria (B) have resorted to use of
CWP No. 22945-2021(O&M) 15
unfair means."
Other material parts of the said document are extracted below:
"PROCESS FOLLOWED AT IBPS FOR
IDENTIFYING CASES
OF USE OF UNFAIR MEANS :
(i) IBPS has a practice of analyzing the responses of
all candidates who have appeared in objective tests
of all the examinations at a particular centre
(city/town) for identifying cases of use of unfair
means.
(ii) IBPS has indigenously developed software for
identifying such cases based on an internationally
accepted method. The responses of each candidate
are compared with the responses of all the
remaining candidates at each centre (city/town) and
matched for identical responses. The software
generates report of all pairs of cases which have
identical responses mainly identical wrong
responses.
(iii) This report is critically reviewed by group of
IBPS experts. The expert group considers the
following in addition to identical wrong answers
while deciding on reporting use of unfair means and
a final report is prepared only after the committee
reviews other factors supporting the analysis and the
cases are forwarded to the bank for taking necessary
CWP No. 22945-2021(O&M) 16
action:
(1) Evidence of any random/pattern marking
(2)Identical matches of 'intermittent' and 'end'
skipped questions
(3) Item which otherwise show different answer
across centre
(4)Evidence of copying by a common group of
candidates.
IPBS removes these candidates from the result of its
own examinations (CWEs). For all other
examinations, the report is sent to the concerned
organization."
17. In the petitioner's case, the answer sheet contained 7 or
more identical wrong answers, compared to two other
candidates who also appeared in Centre/Code No.28. The
petitioner's answer sheet itself discloses a revealing tale: one,
traces of penciled numerals (which correspond with the
answers actually attempted by him, including the wrong
answers, all in one place) which were sought to be erased and
two, the fact that he attempted a large LPA 155/2013 Page 11
number of mathematical problems, which would be humanly
impossible to solve, without some manual calculation. The
giveaway here is that no candidate is allowed to attempt the
answer by prior rough calculation in any other piece of paper;
he or she has to carry out the rough calculation on the question
paper itself; the question paper was taken away from each
CWP No. 22945-2021(O&M) 17
candidate after she or he attempted the test. The absence of any
calculation, on the one hand, and the correct answers by the
petitioner of a large number of such mathematical problems
(involving complex multiplication of numerals in several digits,
finding out square root, etc) rule out the possibility of
coincidence.
18. In Union of India v Anand Kumar Pandey 1994 (5) SCC
663, the authority had conducted a post examination analysis
of the results, albeit manually, and directed cancellation of
results of some candidates. The Supreme Court held as follows:
"The inquiry report and the noting on the file show that
the railway authorities rightly came to the conclusion
that there was large-scale copying at Centre No. 115
Katihar. The inquiry report reveals that overall pass
percentage in the written examination for all the centers
at Katihar was 0.6% whereas the pass percentage in two
rooms at Centre No. 115 alone was 45.4%.
**************** ******
************
8. The railway authorities, relying upon the material
placed on the record by the inquiring agency came to
the conclusion that it was not safe to make
appointments based on the written examination wherein
unfair means were adopted on a large scale. We see no
ground to differ with the conclusions reached by the
railway authorities. The Tribunal was wholly unjustified
CWP No. 22945-2021(O&M) 18
in LPA 155/2013 Page 12 interfering with the order of
the appellants calling upon the respondents to sit in the
written examination again.
9. This Court has repeatedly held that the rules of
natural justice cannot be put in a strait-jacket.
Applicability of these rules depends upon the facts and
circumstances relating to each particular given
situation. Out of the total candidates who appeared in
the written test at the Centre concerned only 35
candidates qualified the test. In that situation the
action of the railway authorities in directing the 35
candidates of Centre No. 115 to appear in a fresh
written examination virtually amounts to canceling the
result of the said centre. Although it would have been
fair to call upon all the candidates who appeared from
Centre No. 115 to take the written examination again
but in the facts and circumstances of this case no fault
can be found with the action of the railway authorities
in calling upon only 35 (empanelled candidates) to
take the examination afresh. The purpose of a
competitive examination is to select the most suitable
candidates for appointment to public services. It is
entirely different than an examination held by a college
or university to award degrees to the candidates
appearing at the examination. Even if a candidate is
selected he may still be not appointed for a justifiable
CWP No. 22945-2021(O&M) 19
reason. In the present case the railway authorities have
rightly refused to make appointments on the basis of
the written examination wherein unfair means were
adopted by the candidates. No candidate had been
debarred or disqualified from taking the exam. To
make sure that the deserving candidates are selected
the respondents have been asked to go through the
process of written examination once again. We are of
the view that there is no violation of the rules of
natural justice in any manner in the facts and
circumstances of this case."
19. In a very recent judgment of the Supreme Court, Tanvi
Sarval v Central Board of Secondary Education 2015 (6) SCC
573, the Court held that public interest would be subserved if
the entire examination were to be cancelled. There,
investigations held after the exams revealed widespread LPA
155/2013 Page 13 use of unfair means, whereby "123 solved
answers of a particular code and retrieved from 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 service and at least 300 vests
fitted with electronic devices have been used." Looking into the
nature and gravity of the methods, the court made the
following pertinent observations:
"Having regard to the uncompromising essentiality of
CWP No. 22945-2021(O&M) 20
a blemishless process of examination involving public
participation, we have no alternative but to hold that
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 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 mechanism to impartially
judge the comparative merit of the candidates
partaking therein. If such an examination is saved,
merit would be 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 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."
20. In one of the earliest decisions, The Board of High School
and Intermediate Education, U.P. and Ors. v. Kumari Chittra
Srivastava and Ors. (1970) 1 SCC 121 the Supreme Court
had ruled that the compulsion to adhere to principles of
CWP No. 22945-2021(O&M) 21
natural justice is dependent on the nature of the LPA
155/2013 Page 14 subject matter. The context was action
taken by a State Education Board in somewhat similar
circumstances. The court observed as follows:
"8. The learned Counsel for the Appellant, Mr. C.B.
Aggarwal, contends that the facts are not in dispute and
it is further clear that no useful purpose would have
been served if the Board had served a show cause
notice on the Petitioner. He says that in view of these
circumstances it was not necessary for the Board to
have issued a show cause notice. We are unable to
accept this contention. Whether a duty arises in a
particular case to issue a show cause notice before
inflicting a penalty does not depend on the authority's
satisfaction that the person to be penalised has no
defence but on the nature of the order proposed to be
passed."
21. Again, the need to be aware that natural justice is not a
stereotyped principle, of unbending universal application
was emphasized in Chairman, Board of Mining
Examination v. Ramjee (1977) 2 SCC 256, where the Court
observed that natural justice is not an unruly horse, no
lurking landmine, nor a "judicial cure-all". The Courts
cannot look at law in the abstract or natural justice as a
mere artifact. Nor can they fit into a rigid mould the concept
of reasonable opportunity. If the totality of circumstances
CWP No. 22945-2021(O&M) 22
satisfies the Court that the party visited with adverse order
has not suffered from denial of reasonable opportunity, the
Court will decline to be "punctilious or fanatical as if the
rules of natural justice were sacred scriptures" (Ref
Dharampal Satyapal Ltd Vs. Deputy Commissioner of
Central Excise & Ors. 2015 (8) SCC 519). As a result, the
appellant's submissions with regard to SBI's failure to
adhere to principles of natural justice have to fail.
22. The appellant had relied on Palak Modi (supra). The
following observations in that judgment are relevant:
"The use of unfair means in the evaluation
test/confirmation test held by the Bank certainly
constitutes a misconduct. The Bank itself had treated
such an act to be a misconduct (paragraph 10 of
advertisement dated 1.7.2008). It is not in dispute that
the services of the private respondents were not
terminated on the ground that there was any
deficiency or shortcoming in their work or
performance during probation or that they had failed
to satisfactorily complete the training or had failed to
secure the qualifying marks in the test held on
27.2.2011. As a matter of fact, the note prepared by
the Deputy General Manager, which was approved by
the General Manager makes it crystal clear that the
decision to dispense with the services of the private
respondents was taken solely on the ground that they
CWP No. 22945-2021(O&M) 23
were guilty of using unfair means in the test held on
27.2.2011. To put it differently, the foundation of the
action taken by the General Manager was the
accusation that while appearing in the objective test,
the private respondents had resorted to copying. IBPS
had relied upon the analysis made by the computer
and sent report to the Bank that 18 candidates were
suspected to have used unfair means. The concerned
authority then sent for the chart of seating
arrangement and treated the same as a piece of
evidence for coming to the conclusion that the private
respondents had indeed used unfair means in the
examination. This exercise was not preceded by an
inquiry involving the private respondents and no
opportunity was given to them to defend themselves
against the charge of use of unfair means. In other
words, they were condemned unheard which, in our
considered view, was legally impermissible."
23. In the present instance, we are of the opinion that the
rules of natural justice have not been contravened by the
SBI. The above judgment of Palak Modi¸ and the facts that
led to such judgment are clearly distinguishable from the
case at hand. As we have seen, the application of the
principles of natural justice, though vital, ultimately turns on
the facts of every individual case. It is not every time a
particular action has a consequence that is not LPA
CWP No. 22945-2021(O&M) 24
155/2013 Page 16 favourable to the petitioner that the rules
may be relied upon as a fallback to nullify such action. First,
the petitioner has no vested right to an inquiry, he being
merely an entry-level candidate and not employed in any
manner by the SBI. He is therefore not entitled to the same
terms of service that the petitioners in Palak Modi (supra)
could claim by virtue of them actually being employed. His
right extends, and is limited to, a fair opportunity to attempt
the examination and therefore have a fighting chance at
being employed by SBI. His decision to squander away this
opportunity by employing unfair means in his attempt at the
examination cannot be countenanced simply because the SBI
did not first approach him when they discovered that his
answers matched perfectly with two other candidates. There
is in fact, no need for the SBI to do so. The object of the
examination being to select the candidates suitable for such
initial appointment, veritable evidence that the petitioner
does not fall within that category, does not become
unreliable or contrary to the principles of natural justice
merely because the petitioner did not have the opportunity to
represent against them.
24. The Court is conscious that technology often empowers
citizens; at the same time it has the potential to facilitate
misuse. In the context of the facts of this case, this Court is
not persuaded with the appellant's submission that without
tangible material or evidence, the SBI could not have
CWP No. 22945-2021(O&M) 25
inferred the employment of "unfair means" by candidates
generally and the petitioner in particular. Use of electronic
devices to transmit information-either in the form of text
messages or by use of hidden listening devices which go
undetected may be hard to establish. That does not mean
that patterns which are discernible and are thrown up on
application of scientific formulae or statistical models,
which leads to further examination of the primary material
should be eliminated by the Courts. In the present case, the
pattern which emerged showed that the appellant's results
in respect of wrong answers matched with some other
candidates who also appeared in the New Delhi centre. On
further scrutiny, the reasonableness of the suspicion was
strengthened by the manner of his attempting the answers.
These, in the opinion of the Court, were sufficient basis for
the SBI to conclude that unfair means had been employed
and withhold his result. The directions sought are,
therefore, unavailable in exercise of judicial review
discretion under Article 226 of the Constitution. As a result,
this Court finds that the impugned judgment and order of
the learned Single Judge does not call for interference. The
appeal is, therefore, dismissed without any order as to
costs.
8. In view of the above, since the petitioner is found guilty of using
unfair means in the examination, therefore, I do not find any merit in the present
CWP No. 22945-2021(O&M) 26
writ petition.
9. Accordingly, the present writ petition is dismissed.
10. Pending application (s) if any also stands disposed of.
July 27, 2026 (SUDEEPTI SHARMA)
Gaurav Arora JUDGE
Whether speaking/reasoned Yes
Whether reportable No
Legal Notes
Add a Note....