Aparesh Kumar Singh, J. - (1.) Heard learned counsel for the parties.
(2.) Certain candidates of the Jharkhand Combined Entrance Competitive Examination (in short CET Exam), 2016 held for entrance to the MBBS and other courses, have approached this Court in the present writ application alleging serious irregularity in the conduct of the CET,2016 held on 12.6.2016 as the question papers of the Biology paper were allegedly leaked and circulated through mobile on 'whatsapp' on same date 12.6.2016. As per the examination schedule, the Jharkhand CET Exam for MBBS courses were held between 9 a.m to 12.15 p.m. on 12.6.2016. They have enclosed the photo copy of the Biology paper of the said test, Annexure-7 series, said to be in circulation through 'whatsapp'. They duly represented before the higher authorities of the State Government like the Health Secretary, Government of Jharkhand, the Controller of Examination, JCECE Board, Ranchi, the Chief Secretary, Government of Jharkhand and the Principal Secretary to the Governor, Government of Jharkhand. However apprehending that serious irregularity and malpractices might vitiate the entire examination itself and no urgent corrective measure were being taken by the respondent authorities, they have approached this Court in the present matter. They sought enquiry by independent agency in the irregularity alleged. They have also sought cancellation of CET Examination, 2016 and conduct of a fresh examination in fair and transparent manner.
(3.) The Respondents were asked to furnish their reply. JCECE Board also seem to have made communication through letter 28.6.2016 on that subject. During the proceedings of the case the Investigating Authorities i.e. Additional Director General of Police(CID), Cyber Cell, Ranchi and the Superintendent of Police(Cyber), Ranchi were impleaded as Respondents and asked to furnish their reply. Thereafter a criminal case was registered being Cyber Crime P.S. Case No. 08/2016 under Section 420/379/120B of the Indian Penal Code and Under Section 66(B) & (D) of the Information Technology Act against unknown accused persons. The Court was informed on 4.8.2016 that result of CET Examination, 2016 have been published relating to Physics, Chemistry and Biology. The concerned Officers were directed to submit a progress report of investigation in a sealed cover and also to be present to assist the Court.;