Debarment from an examination
Sunil kumar gupta
(Querist) 13 March 2013
This query is : Resolved
I appered in Staff selection commission exam in 2012. they withheld 456 candidates on basis of post exam analysis(a statistical formula based on probability of similarity of right and wrong questions)analysis of OMR sheets.Last year they Debarred all the candidates on that basis.My Query is that:
1. whether a court can give the decision against the candidate on that basis( analysis of experts and similarity of questions in OMR)?
2.Varun Bhardwaj vs State Bank Of India & Ors on 6 February, 2013 by Delhi highcourt gave decision in the favor of recruiting body, while they are on different centers. Plz see the case.
3.SSC issued the debar letter last year and in the last one line is " MAY BE initiation of criminal proceeding against you" can SSC initiate proceeding on the basis of that analysis while they not caught the candidates red-handed or no material proof they have except the analysis of expert?, or the last wording is only a legal wording and they dont start criminal proceeding?? Now the result is published and all candidates got a seat. They are blaming use of unfair means in mains exam held in Sept-2012.PLz Suggest what to do right now??? as i am a central Govt. Employee, so afraid of Criminal Proceeding...
Devajyoti Barman
(Expert) 13 March 2013
It needs detail study of your case and the decision.
You better take professional help.
However you may challenge the letter as SSC has no right to initiate criminal proceeding.
Writ remedy would be suitable for you.
Raj Kumar Makkad
(Expert) 13 March 2013
Nothing can be anticipated without going through the relevant record, however, it can safely be opined that courts can establish the Rule of Law if any illegal act has been made at any level.
Sunil kumar gupta
(Querist) 14 March 2013
@ Devajyoti berman and Raj kumar Makkad.... Thank you very much sir..... for advice
Till now The SSC has not send the debar letter to us... and we do'nt know what are they blaming in our cases....
One thing is in my mind that i use an old photo in prelim Exam and a new Photo at the time of Interview.... can this may be a reason for withheld of result??
Sunil kumar gupta
(Querist) 14 March 2013
I have taken the advice of an legal Expert and they told that they never heard about such type of cases in which decision can be taken on the basis of analysis of OMR sheets after Examination and not heard about criminal proceeding on that basis in the history of SSC and UPSC.
It is known thatSSC have started such type of Analysis from 2011, and this is a new thing for all...
Some cases are pending against SSC in CAT(Central Administrative Tribunal) Allahabad and Chandigarh Filed by students in last year.
In one case CAT stayed the debar letter and asked for the reason of debarment and next hearing is on 10 April and in one case CAT quashed the debar letter on the basis of natural justice as SSC had given no chance for defence of the student.
Nw what should we do???
In 2012 I gave the Main Examination of UPPSC and result will be awaited... IF SSC debar us, Then what effect will be on the selection in UPPSC If i Selected in UPPSC?? PLZ Suggest....
