CWPIL/48/2017 on 27 December 2017

---------------------------------------------------------------------- 1 Whether the reporters of the local papers may be allowed to see the judgment? .

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

CWPIL No. 48 of 2017 Decided on: December 27, 2017 --------------------------------------------------------------------------- Court on its own motion …………….Petitioner

Versus

State of Himachal Pradesh and others ….Respondents ---------------------------------------------------------------------------

Coram

Hon’ble Mr. Justice Dharam Chand Chaudhary, Judge Hon'ble Mr. Justice Sandeep Sharma, Judge Whether approved for reporting? --------------------------------------------------------------------------- For the petitioner : None.

For the respondents : Mr. M.A. Khan, Additional Advocate General with Mr. J.K. Verma and Mr. Kush Sharma, Deputy Advocate Generals, for the respondents-State.

Ms. Archna Dutt, Advocate, for respondent No. 2. --------------------------------------------------------------------------- Dharam Chand Chaudhary, Judge (oral):

We have perused the detailed report filed by Additional District Magistrate (L&O), Shimla, alongwith the application, CMP No. 10251 of 2017. The Inquiring authority has concluded in the report as under: “Conclusion Based on the evidence gathered through written statement and through emails and questionnaires it appears that there is no evidence of mass copying and mismanagement in the conduct of the examination. Further as per the statement of the center superintendent which has not been negated by the complainants, there is no evidence to the contrary which points to the allegation of mass copying. Moreover, no concrete evidence or otherwise has been produced by the complainants which points to the allegation. Further as per the statement of the center superintendents no complaints whatsoever has been received with regard to allegation of mass copying on the day of examination and it has been specifically mentioned in their statements that examination was conducted in the presence of the representatives/officials of the HPSSC and as such nothing has been pointed out by them either. Centre Superintendents have further stated that every examination center was inspected by the flying quad randomly and no such instance of mass copying has been reported by them. Moreover, the veracity of the photographs cannot be confirmed as to whether they were taken on the same day of the examination or some other day. Although complainants in their statement have alleged that mass copying occurred during the day of examination but no material evidence has been provided by them. Therefore in view of the aforesaid facts, I have arrived at the following conclusion:-  That allegation of mass copying or mismanagement is found to be baseless and unsubstantiated as examination was conducted in the presence of the official of HPSSC and no such case of mass copying was either reported by them or by the center superintendents as is evident from their statement and questionnaires.

 That complainants have failed to provide any evidence to substantiate their claim that mass copying occurred during the day of examination and as such no complaints has been filed with the center superintendents and neither is on the record.  That authenticity of photographs that appeared in the print media cannot be verified and neither any person has come forward to claim that the photograph was taken on the day of examination in pursuance to the public notice dated 01/08/2017 which was published in Amar Ujala on dated 3/08/2017. ”

2. We are satisfied from the report and the reasons recorded by the inquiry officer as the petitioners have failed to produce any tangible material to substantiate their allegations qua mass copying during written examinations conducted by the respondent-Commission, for filling up the posts of Shastris, in the State. This petition as such, is dismissed. The interim order passed on 30.6.2017, is also vacated. The application, CMP No. 10251/2017 and any other pending application(s) shall also stand disposed of. Copy dasti. (Dharam Chand Chaudhary) Judge

(Sandeep Sharma) Judge December 27, 2017 (vikrant)