OA 1799/2011, MA 1436/2011. Case: 1. Dr. Arvind Kumar S/o Jagdish Prasad Yadav, 2. Dr. Bingi Pavan Nag Kaushik S/o Vijay Kumar, 3. Residents Doctors Association, Through its Gen Secretary, Dr. Sudipto Ranjan Singh AIIMS, Ansari Nagar, New Delhi Vs 1. All India Institute of Medical Sciences, Through its Director, 2. Controller of Exams, AIIMS, Ansari Nagar, New Delhi. Central Administrative Tribunal

Case NumberOA 1799/2011, MA 1436/2011
JudgesV. K. Bali (Chairman) & L. K. Joshi (Vice Chairman)
IssueService Law
Judgement DateJune 03, 2011
CourtCentral Administrative Tribunal

Judgment:

L. K. Joshi (Vice Chairman), (Principal Bench New Delhi)

  1. Alleging serious malpractices and use of unfair means in the on-line examination conducted by the Respondent, All India Institute of Medical Sciences (AIIMS), for admission to Super Speciality courses in DM/MCh, held on 15th May 2011 at Manav Rachna University at Faridabad, a prayer has been made to direct the Respondents to scrap the above examination and to hold it again following the prescribed procedures strictly under the supervision of proper supervisors/invigilators and to ensure that mobile phones and Internet facility etc are not used.

  2. The first and the second Applicants are Senior Resident and former Senior Resident respectively and the third Applicant is an association of Resident Doctors of AIIMS. An advertisement was issued inviting applications for admission to MD/MS/MDS, DM/M.Ch/MHA and Ph.D. courses. The first and the second Applicants also applied for the same. It was alleged that the on-line examination was to be taken on different computers, which were not working because the server was down. The technicians present at the spot restored some of the computers and examination could begin at 10:30 AM for some of the candidates and for some others at 2 PM. It has been alleged that the examination could not be taken for some of the candidates because some computers could not be repaired in time. It was submitted that there was no teacher present at the venue of the examination for supervising the same. As a result of the absence of any supervisors, many of the candidates discussed the questions asked and answers among themselves. It was further submitted by the learned counsel for the Applicants that total anarchy prevailed at the venue of the examination and mobile phones, internet connections, pen drives and laptops were used with impunity to find the correct answers to the questions posed to them. Some of the candidates, it was alleged, brought their books inside the examination hall and openly used them to find answers to the questions. It was also submitted that the computers had been placed very close to each other and it was possible for the candidates to see the screen of the other candidate and the answer being typed by him. Some of the candidates approached the police station and filed reports against the unfair practices in the examination. It was pointed out that on the 16th May 2011 the Sub-Dean (examinations) issued a circular on the...

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