TANVI SARWAL versus CENTRAL BOARD OF SECONDARY EDUCATION AND . ORS.

TANVI SARWAL versus CENTRAL BOARD OF SECONDARY EDUCATION AND . ORS.

Given widespread malpractices and involvement of a syndicate using electronic devices, the All India Pre-Medical and Pre-Dental Entrance Test (AIPMT) 2015 was vitiated to its core, leading to infraction of authenticity and credence; hence, the examination must be annulled and a fresh examination conducted within four weeks, unaffected by prior time schedules.

Parties
Petitioner: Tanvi Sarwal; Respondent: Central Board of Secondary Education; Respondent: Other respondents (Ors.)
Jurisdiction
India
Judgment Date
15 June 2015
Procedural Posture
Writ Petition (civil) / Final Decision on Merits
Outcome
Writ petitions allowed; examination annulled; fresh examination directed.
Legal Topics
Examination Annulment, Public Interest Litigation, Use of Unfair Means, Authenticity and Credibility of Examination, Article 32
Education Law Constitutional Law Examination Annulment Public Interest Litigation Use of Unfair Means Authenticity and Credibility of Examination Article 32

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Parties

Tanvi Sarwal

Petitioner

Central Board of Secondary Education

Respondent

Other respondents (Ors.)

Respondent

Procedural Posture

Writ Petition (civil) / Final Decision on Merits

Legal Issues

  1. 1 Whether the All India Pre-Medical and Pre-Dental Entrance Test (AIPMT) 2015 was vitiated by unfair means and malpractices and should be annulled
  2. 2 Whether an order for holding a fresh examination is justified under Article 32, despite disrupting the time schedule fixed in prior cases

Ratio Decidendi

Given widespread malpractices and involvement of a syndicate using electronic devices, the All India Pre-Medical and Pre-Dental Entrance Test (AIPMT) 2015 was vitiated to its core, leading to infraction of authenticity and credence; hence, the examination must be annulled and a fresh examination conducted within four weeks, unaffected by prior time schedules.

Court Disposition

Writ petitions allowed; examination annulled; fresh examination directed.

Orders

  • All India Pre-Medical and Pre-Dental Entrance Test 2015 stands cancelled.
  • CBSE directed to hold fresh examination within four weeks.