SUPREME COURT OF INDIA | L. Nageswara Rao & Hemant Gupta, JJ. Civil Appeal Nos.6190-6201 of 2019 (Arising out of SLP (C) Nos. 14206-14217 of 2019) August 08, 2019
Recruitment Board - Manipulation of the OMR answer sheets - A bona fide decision taken by the Board to instill confidence in the public regarding the integrity of the selection process could not have been interfered with by the High Court. Sufficiency of the material on the basis of which a decision is taken by an authority is not within the purview of the High Court in exercising its power of judicial review.
In the instant case, the Board initially conducted an inquiry on its own regarding the allegations pertaining to manipulation of the OMR answer sheets. The Board found that a few people benefited due to the tampering of the OMR answer sheets. On a deeper scrutiny sufficient material was found against 196 persons who were beneficiaries of the fraud in the alteration of marks. The Board was convinced that there were chances of more people being involved in the manipulation of marks for which reason a decision was taken to cancel the entire examination. A bona fide decision taken by the Board to instill confidence in the public regarding the integrity of the selection process could not have been interfered with by the High Court. Sufficiency of the material on the basis of which a decision is taken by an authority is not within the purview of the High Court in exercising its power of judicial review. More material is being unearthed in the investigation and several people have been arrested. The investigation is in progress. [Para 13]
Petitioner's Advocate K. V. VIJAYAKUMAR
Petitioner's Advocate K. V. VIJAYAKUMAR
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