O.P.GARG, J. - (1.) KM . Nidhi Singh, a resident of Allahabad appeared in Combined Pre Medical Test, 1999 (for short 'CPMT') conducted by University of Roorkee, Roorkee. An admit card was issued to her bearing Rool No. 511694. She appeared on 11-7-1999 at St. Fidelis College, Vikas Nagar, P.O. Vishnupuri Colony, Church Road, Lucknow, which was her centre for CPMT. She was unsuccessful as per result declared by the respondent No. 1.
(2.) FHE case of the petitioner is that she had obtained 489 marks while the candidates, belonging to the general category and obtaining minumum 462 marks, have been called for counselling, which had commenced from 5-9-1999 for admission to MBBS 1st year course. According to the petitioner, though she was entitled for counselling and admission in the MBBS 1st Year course, the respondent No. 1-Chairman. CPMT-99, CPMP. Examination Centre, University of Roorkee, Roorkee, has issued a letter dated 14/16-8-1999 cancelling her test for the alleged adoption of unfair means. For the better appreciation and understanding of the case, the grounds specified in the aforesaid letter are reproduced below : "Whereas you appeared vide Rool No. 511654 from St. Fidelis College, Vikas Nagar, Lucknow (Centre of Examination) for the CPMT 99 held on 11-7-1999. Whereas during the process of evaluation of your OMR Answer Sheet, it was detected that you have deliberately adopted unfair means with an intention to get undue advantage under a well planned conspiracy. Whereas you have initially entered the correct number of Question Booklet No. in both the papers (Paper-I and II) issued to you in fact, on your answer OMR sheets respectively, but after it was initialled by the invigilators in the examination room, you have changed the booklet number on the OMR answer sheets and thus the actual code number printed on the question booklets issued to you do not match wih the number you have written on the OMR sheet. Whereas you were in fact issued the Question Booklet No. A 711249199 R (as acknowledged by you on the front page of the aforesaid Question Booklet) you have written anothe Booklet No. A 7112194599 R on your answer sheet in the column provided for it, which was never issued to you in Paper-I. This has been done by you with mala fide intention. Similarly, whereas you were in fact, issued the Question Booklet No. A 711249199 R as acknowledged by you on the front page of the aforesaid Question Booklet, but you have written another Booklet No. B-1173197299 R on your OMR answer sheet in the column provided for it, which was never issued to you in Paper-II. This has been done by you with a mala fide intention. Whereas the Question Booklet No. A 711249199 and B 7113101299 R (as per your acknowledgement on the front page of the question Booklet actually issued to you) were of English version, but the Question Booklet Nos. A 7112194599 R and B 1173197299 R written by you on the answer sheet are Question Booklets of Hindi Version which were never issued to you. Whereas the very Booklet No. A 7112194599 R and B 1172197299 which have been mentioned by you on the OMR Answer Sheets have also been repeated by several other candidates in contradiction to the actual booklet No. issued to them, it is thus proved to be an act of adopting unfair means in the examination in a planned manner. Whereas after detection of the above abnormal conduct on your part, the matter was thoroughly considered and investigated by an investigation committee and the said committee is fully convinced that you have deliberately adopted such unfair means to get undue advantage in the said examination." By means of this writ petition, it is prayed that the order dated 14/ 16-8-1999 through which the result of the petitioner of CPMT 1999, Annexure 5 to the writ petition has been cancelled, be quashed and the respondents be commanded to declare the result of the petitioner of the said test and to admit her in MBBS 1st year course in some Medical College, after necessary counselling.
(3.) WHEN this petition came up for admission before this Court on 6-9-1999, an interim order was passed directing the respondents to call the petitioner for counseling, which was, however, subject to ultimate outcome of the present petition. The parties were also directed to exchange affidavits. Counter and rejoinder affidavits have been exchanged. Heard Sri S.P. Singh, learned Counsel for the petitioner. Sri S.N. Verma. learned Counsel for the respondent University of Roorkee assisted by Sri Dinesh Kakkar and Sri Ashutosh Srivastava, learned Counsel for the respondent No. 3-Director General. Medical Education and Training, U.P., Lucknow.;