Samikhan S. v. Union of India, Ministry of Education; National Testing Agency; District Police Chief, Kollam

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 7[TH] DAY OF JULY 2023 / 16TH ASHADHA, 1945** ## **WP(C) NO. 36173 OF 2022** ## **PETITIONER:** SAMIKHAN S AGED 20 YEARS S/O SALIM B, SAMIKHAN MANZIL, OZHUKUOPARA, MADATHARA P.O., KOLLAM, PIN - 691541 BY ADVS. N.ANAND BIJITH S.KHAN RAJESH O.N. JIMNAD.B ## **RESPONDENTS:** 1 THE UNION OF INDIA MINISTRY OF EDUCATION, SHASTRI BHAWAN, NEW DELHIREPRESENTED BY ITS SECRETARY, PIN - 110001 2 NATIONAL TESTING AGENCY C-20 1A/8 ,SECTOR 62, IITK OUTREACH CENTRE, NOIDA- REPRESENTED BY ITS CHAIRPERSON, PIN - 201309 3 ADDL.R3 THE DISTRICT POLICE CHIEF, KOLLAM [ADDL.R3 IS SUO MOTU IMPLEADED AS PER ORDER DATED 31.05.2023 IN WP(C) 36173/2022] BY ADVS. SRI. S. MANU, DSGI SMT. VIDYA KURIAKOSE, GP SRI. NIRMAL S., SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.36173 OF 2022 2 ## **P.V.KUNHIKRISHNAN, J.** **-----------------------------W.P.(C)No.36173 of 2022 ---------------------------------------------Dated this the 07[th] day of July, 2023** ## **JUDGMENT** When this writ petition came up for consideration on 31.05.2023, this Court passed the following order: _"The above writ petition is filed with the following prayers:_ _“i. Issue a Writ of Certiorari or any other appropriate Writ, Order or direction quashing Ext.P5._ _ii. Issue a Writ of Mandamus or any other appropriate Writ, Order or directions directing the Respondents to treat the petitioner as having scored 468 marks in National Eligibility cum Entrance Test'2022 as Ext.P3 shows._ WP(C) NO.36173 OF 2022 3 _iii. Issue a Writ of Mandamus or any other appropriate Writ, Order or directions directing the Respondents to admit petitioner in Ext.P4 counseling schedule based on Ext.P3 marks card._ _iv. Dispense with the English translation of documents in vernacular._ _v. Issue such other Writ, Order or direction as this Hon'ble Court deems fit in the facts and circumstances of the case.”_ _2. When this writ petition came up for consideration on 23.11.2022, this Court passed the following Order:_ _“Having heard the learned Counsel for the petitioner and the learned Standing Counsel for the National Testing Agency, I am of the prima facie opinion that, there is an attempt to defraud this Court by producing forged documents. Therefore, before proceeding to take further action, I deem it appropriate to provide an opportunity to the petitioner, to offer his explanation._ WP(C) NO.36173 OF 2022 4 _The petitioner shall appear before this Court in person, at 10.15 a.m on 29.11.2022.”_ _3. The above order was passed because in the statement filed by the 2nd respondent, it is stated that the petitioner obtained only 16 marks in the National Eligibility Cum Entrance Test 2022 out of 720. The 2nd respondent stated that Ext.P3 is not on the record of NTA and appears to be forged/manipulated. In Ext.P3, it is stated that the petitioner obtained 468 marks out of 720. Hence the order dated 23.11.2022 was passed by this Court. Thereafter the matter came up for consideration on 29.11.2022. On that day this Court passed the following order:_ _“The applicant is present in person. On being questioned, the applicant submits that he had obtained the document produced as Ext.P3 through the local Akshaya Centre. Subsequently, on being informed that another certificate reflecting only 16 marks was posted in the official website, he_ WP(C) NO.36173 OF 2022 5 _downloaded that document and produced it as Ext.P5. The petitioner asserts that he has not committed any play and the printouts of Exts.P3 and P5 were taken from the official website of the National Testing Agency._ _2. Learned Standing Counsel submits that the petitioners' case is not the only instance where foul play has been detected and hence the matter should not be viewed lightly. I am also of the opinion that production of two certificates with different marks warrants an enquiry by an independent agency, which I propose to direct after considering the petitioner's reply affidavit."_ _4. Today, when the matter is taken up, the Counsel for the petitioner submits that a reply affidavit is filed by the petitioner. After hearing both sides, I am of the considered opinion that before deciding the writ petition finally, an enquiry by the Police Authority is necessary. “The District Police Chief, Kollam is suo motu impleaded as the_ WP(C) NO.36173 OF 2022 6 _additional 3rd respondent in this writ petition." The learned Government Pleader takes notice for the additional 3rd respondent. The learned Counsel for the petitioner will give a copy of this writ petition to the learned Government Pleader. The District Police Chief or an Authorised Officer, deputed by the District Police Chief will conduct an enquiry about the allegation in this case and submit a report before this Court within four weeks. I make it clear that, if any criminal offence is made out, the Police authorities are free to register case and investigate the same in accordance to law, without waiting for any further order from this Court. The Registry will forward a copy of this order to the additional 3rd respondent forthwith."_ 2. Today a report is filed by the District Police Chief, Kollam. It will be better to extract the relevant portion of the report. _"6. It is submitted that, what so ever be the claim of the petitioner is, this respondent as part of_ WP(C) NO.36173 OF 2022 7 _enquiry has verified the Ext:s P2 and P3 documents produced before the Hon'ble High court of Kerala. On scrutinizing the details specified in the Ext:P-3 score card produced before the Hon'ble court and the NEET admit Card-2022 it is seen that in the admit card application number is No:220410402200 and, the Application number provided in Ext P3 is : 22041040220 an eleven-digit number as against the original twelve-digit number seen in the admit card._ _7. Since the date of birth and application number are mandatory requirements to download the score card from the official website of National Testing agency nobody can download the same without uploading the mandatory requirements. As such this respondent downloaded the NEET Score card of the petitioner by using the application number (No: 220410402200) and date of birth (26.04.2002) details mentioned in the admit card. In that score card he had obtained only 16 marks as against his claim based on Ext:P3. Due to this disparity noted in the score cards this respondent verified both the cards with the details in the admit card thoroughly. In that verification it is very clear that the petitioner applied for the NEET exam with the details mentioned in the admit card. These details are not matching with the specifications in Ext:P-3 NEET Score card produced by the petitioner before the Hon'ble Court._ WP(C) NO.36173 OF 2022 8 _Since The petitioner himself produced the Ext:P-3 questioned document before the Hon'ble Court is not in terms with the admit card this respondent also verified the NEET Score card of the petitioner during the year 2021(Ext:P-2) for ascertaining the intention of the petitioner. In that Score card his date of birth seen as 26.04.2002 and the application number is 210410536436, a twelve-digit number and his marks shown in the official website as only 24 as against Ext:P-2 score- 304._ _8. It is submitted that, this respondent also used the particulars specified in the Ext:P-3 document for downloading the Score card as claimed by the petitioner. The particulars are Application Number:22041040220 (eleven-digit number) Date of Birth 26.04.2002. Both the particulars are terming with the Score card claimed by the petitioner. But the website displaying that "Invalid Application Number/Date of Birth". Since the produced documents having irregularity with the documents downloaded from the official website of NTA there is every chance of knowingly forging document by the petitioner and are to be investigated. More over there is no evidence substantiating that the NEET score card was downloaded from the Akshaya Centre as such there is no download history and print history are remaining there. It is evident from the enquiry_ WP(C) NO.36173 OF 2022 9 _that the petitioner himself sent the copy of NEET score card to the WhatsApp number of one Sreeknath who had worked the Akshaya Centre at Madathara at that time. Thereafter the said Sreekanth taken the copy from the Akshaya WhatsApp. At that time, the Akshaya man expressed his doubt about the genuineness of the score card citing the font size of marks obtained, and he himself downloaded the original NEET score card with marks 16 only and sent to the petitioner through WhatsApp. In this context Police is on the conclusion that the petitioner himself had committed the forgery._ _9. It is also noted in the questioned document that the percentile score obtained, All India Rank for Counselling, Category Rank, Total Percentile score obtained in the corresponding column are seen irregular. More over the style and size of the font used in the questioned document are not equaling with that of the font and size used in the original NEET score card uploaded in the NTA website. The authenticity of the record produced before the Hon'ble Court is to be examined as per law. Therefore, registering a crime case is inevitable to find out whether the forgery is made by the petitioner himself or with the help of others._ _10. It is submitted that, prima facie there is reasonable ground to register an FIR and based on_ WP(C) NO.36173 OF 2022 10 _the findings Station House Officer Chithara Police Station registered a crime case as No: 739/2023 U/s 465,468 IPC against the petitioner on 29.06.2023 and the accused was arrested and remanded into judicial custody on the same day at 20.00 Hrs. The investigation of the case is undergoing. "_ 3. From the above, it is clear that the police registered a case and the petitioner is already arrested. The Police will investigate the matter in accordance with law and find out whether there is any other culprits also involved in this case. The investigation shall be completed, as expeditiously as possible, in accordance with law. With the above observation, this writ petition is closed. Sd/- nvj **P.V.KUNHIKRISHNAN JUDGE** WP(C) NO.36173 OF 2022 11 ## **APPENDIX OF WP(C) 36173/2022** PETITIONER EXHIBITS EXHIBIT-P1 TRUE COPY OF THE CERTIFICATE DATED 15.07.2020 ISSUED BY THE BOARD OF HIGHER SECONDARY EXAMINATIONS, GOVERNMENT OF KERALA EXHIBIT-P2 TRUE COPY OF THE SCORE CARD OF NATIONAL ELIGIBILITY CUM ENTRANCE TEST (UG)' 2021 ISSUED TO THE PETITIONER - EXHIBIT-P3 TRUE COPY OF THE SCORE CARD OF NATIONAL ELIGIBILITY CUM ENTRANCE TEST (UG)' 2022 - EXHIBIT-P4 TRUE COPY OF THE COUNSELING SCHEDULE FOR ADMISSION TO NATIONAL ELIGIBILITY CUM ENTRANCE TEST'2022 EXHIBIT-P5 TRUE COPY OF THE REVISED SCORE CARD OF NATIONAL ELIGIBILITY CUM ENTRANCE TEST (UG)' 2022 ISSUED TO THE PETITIONER EXHIBIT-P6 TRUE COPY OF THE RECEIPT DATED 21.12.2022 ISSUED BY M/S UNIVERSAL INSTITUTE, KOTTAKAL EXHIBIT-P7 TRUE COPY OF THE ADMIT CARD ISSUED BY RESPONDENT NO. 2 EXHIBIT-P8 TRUE COPY OF THE PETITIONER'S SCORE CARD WITH THE DISCLAIMER PUBLISHED BY RESPONDENT NO.2 WP(C) NO.36173 OF 2022 12 ## RESPONDENT ANNEXURES |ANNEXURE R 2(A):|TRUE COPY OF THE OMR ANSWER SHEET| |---|---| ||PERTAINING TO THE PETITIONER| |ANNEXURE R 2(B):|TRUE COPY OF THE CALCULATION SHEET| ||OF THE PETITIONER.| |ANNEXURE R 2(C):|TRUE COPY OF THE E-MAIL DATED| ||09/02/2022 SENT TO REGISTERED E-MAIL| ||ADDRESS OF THE PETITIONER ATTACHED| ||WITH SCANNED OMR SHEET.| |ANNEXURE R 2(D):|TRUE COPY OF THE SCORE CARD| ||PERTAINING TO THE PETITIONER.| |ANNEXURE R2(E):|TRUE COPY OF THE E-MAIL DATED| ||09/08/2022 SENT TO REGISTERED E-MAIL| ||ADDRESS OF THE PETITIONER INFORMING| ||THE SCORE OF THE PETITIONER.| |ANNEXURE R 2(F):|TRUE COPY OF THE ORDER DATED| ||19/09/2022 IN WPA.21075/2022 OF THE| ||CALCUTTA HIGH COURT.| //TRUE COPY// PA TO JUDGE