September 1, 2018

Bench said that prima facie it appears that the entire SSC System and entire Examinations of 2017 are tainted.

On Friday, the Supreme Court stayed the declaration of results for the 2017 examination held for selection of staff for govt departments & ministries, saying it appeared that the entire test & the system was tainted.

The Apex Court said it can't allow a person to benefit from this examination scam to enter govt. services.

A bench of Justice S A Bobde & Justice L Nageswara Rao stayed the declaration of results of the Staff Selection Commission (SSC) Combined Graduate Level (CGL) & Combined Higher Secondary Level (CHSL) Examination held in 2017, in which lakhs of students had appeared.

"Upon perusal of the status reports dated 25th July 2018 & 30th August 2018 filed by the CBI, we find that there's sufficient material on record at this stage to raise a presumption that the CGL Examination 2017 & CHSL Examination 2017 were tainted.

"Hence, there shall be an injunction restraining the respondents (SSC) from declaring the results of the aforesaid examinations until further orders," it said.

During the hearing, the bench also pulled up Additional Solicitor General Vikramjit Banerjee, appearing for the CBI, for taking a stand 'different' than the status report implicating the SSC, officials of private vendor Sify which was entrusted to conduct the exam & some students.

"Mr. Solicitor, you should step out from the shoes of Union of India. Today, you're appearing for CBI. How can you take a different stand to defend the accused which is contrary to the status report you have filed. Going by the status report, you should yourself have asked for cancellation of examination," the bench told Banerjee.

The ASG urged the court not to give a copy of CBI's second status report to advocate Prashant Bhushan, appearing for the petitioner, claiming that it contained some sensitive statements.

The bench differed with the arguments of Banerjee, saying there was nothing in the report which could be said to be confidential or sensitive.

Bhushan & Advocate Govind Jee, appearing for petitioner Shantanu Kumar, said it didn't matter whether CBI gave them the copy of status report, as its 1st report has already cast aspersions on one Sant Prasad Gupta of Sify Technologies Pvt Ltd, who was the custodian of examination papers & they were probing him.

He said that a Special Task Force (STF) of Uttar Pradesh was also probing a case of alleged paper leak of Higher Secondary Level Examination conducted in 2017 & have also levelled similar allegations in the FIR.

Bhushan said that both CBI & UP STF are on the same page as far as allegations are concerned with respect to the conduct of the two examinations & the involvement of the same persons, including Sant Prasad Gupta.

Maintaining that the SSC was going to release the results in a day or two, he said that it must be stayed till the petitions are being heard in the Court.

"It prima facie appears that the entire SSC system is tainted & entire examinations (of 2017) are tainted. It can't be believed that the custodian of the examination paper is himself leaking the paper," the bench said.

It said there was so much material in the status report of CBI indicating the involvement of so many people, including that of SSC, Sify & the students, that it itself warranted that the process be stayed.

"We can't permit people benefited from this examination scam to get into the services," SC said.

The Staff Selection Commission is a government body conducts examinations to recruit staff at multiple levels in various ministries & departments. Several lakh students appear in the SSC examination every year & enter govt services in Group C & D Categories of jobs once they qualify.

The SSC Combined Graduate Level exam has a 4-tier system, in which tier I & tier II are computer-based, while in tier III & IV, job applicants take up a descriptive paper & a computer proficiency test or skill test.

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