Allahabad High Court
Vinod Kumar Yadav vs State Of U.P. And 6 Ors on 8 October, 2015
Bench: Tarun Agarwala, Surya Prakash Kesarwani
HIGH COURT OF JUDICATURE AT ALLAHABAD
?AFR
Court No. - 37
Case :- CRIMINAL MISC. WRIT PETITION No. - 11111 of 2015
Petitioner :- Vinod Kumar Yadav
Respondent :- State Of U.P. And 6 Ors
Counsel for Petitioner :- Saurabh Srivastava
Counsel for Respondent :- Govt.Advocate,B.K.Upadhyay,Markandey Upadhyay
Hon'ble Tarun Agarwala,J.
Hon'ble Surya Prakash Kesarwani,J.
We have heard Sri Saurabh Srivastava along with Sri Anand Prakash Pandey for the petitioner, Sri Vimlendu Tripathi, the learned A.G.A. for the respondent nos. 1 to 3 and Sri Marakandey Upadhyay, the learned counsel for the respondent nos. 4 & 5. No one appears for respondent nos. 6 and 7.
We are of the opinion that the amendment application is misconceived and is rejected.
If the petitioner is aggrieved by the lodging of the First Information Report against him, it is open for him to file a separate application as it is a separate cause of action.
The petitioner is a Principal of Shramik Jan Vidyapeeth Sarwan, Police Station Sarari Lakhansi, District Mau. This college was allotted an examination centre for High School and Intermediate examinations conducted by the U.P. Board of High School and Intermediate Examination, 2015 for the girl candidates. The petitioner was made the Superintendent of the aforesaid examination centre. Certain officials, namely, respondent nos. 4 to 7, which formed a flying squad entered the examination centre on 17.03.2015 and found that large scale copying was going on in connivance with the officials manning the examination centre. Accordingly, respondent no.4 filed a First Information Report against the petitioner and the others, which is pending investigation. The petitioner, on the other hand, contends that these officials, namely, respondent nos. 4 to 7, who came inside
the examination centre intentionally outraged the modesty of various girl candidates in the garb of searching unwanted materials. This led to outrage by the candidates as well as by the officials manning the examination centre. This resulted in the manhandling of the officials and the manager of the College. It is alleged that for this shameful incident, the parents protested and some of the candidates have also lodged a complaint. The petitioner for this unruly incident tried to lodge a First Information Report, which remained unsuccessful and, accordingly, the petitioner moved an application under Section 156(3) of the Criminal Procedure Code, where the matter is pending before the Chief Judicial magistrate, Mau. The petitioner has, accordingly, filed the present writ petition.
The petitioner contended that the flying squad, which entered the examination centre was not having any authority of law and was not manned by any female official. The action of the respondents being such, the petitioner prayed before this Court for a writ of mandamus commanding the State authorities to initiate a departmental enquiry against respondent nos. 4 to 7 and further suspension and transfer of these respondents. The petitioner has further prayed that a writ of mandamus should be issued directing the appropriate authority to register a First Information Report against respondent nos. 4 to 7.
This Court entertained the writ petition and directed the respondents to file a counter affidavit. Thereafter by an order dated 27.05.2015, the Court declined to grant relief no.1 and to that extent the writ petition was dismissed as the Court found that the petitioner had itself filed an application under Section 156(3) Cr.P.C. before the Chief Judicial Magistrate, Mau, where the matter was pending and, therefore, the Court was of the opinion that no mandamus should be issued.
Counter affidavits of the Superintendent of Police, Mau and the
respondent nos. 4 and 5 have been filed, which the Court has perused. The Court has also perused the affidavits filed by the Principal Secretary, Secondary Education, Government of Uttar Pradesh, Lucknow. Upon perusal of the counter affidavits, etc. it is clear that there are allegations and counter allegations. The Superintendent of Police, Mau has stated that some of the girl candidates have also filed complaint and the matter is under investigation. First Information has been lodged by the respondent no.4 in view of the incident that occurred in the examination centre. The incident, as narrated by the petitioner, is disputed for which purpose the matter is under investigation by the Chief Judicial Magistrate, Mau in the application of the petitioner filed under Section 156(3) Cr.P.C.
Consequently, we are of the opinion that at this stage the exact incident, which has transpired on 17.03.2015 is disputed and is under investigation and, therefore, it will not be appropriate for the Court to dwell on this aspect as it will influence the investigation. Accordingly, the petitioner's relief for departmental enquiry against respondent nos. 4 to 7, etc. cannot be granted during the course of investigation.
The Court is more concerned with the instructions issued by the District Magistrate for conduct of the examination and appointment of the flying squad. We had specifically directed the State Government to intimate the Court as to what measures are adopted while checking unfair means in the examination centre where the candidates appearing in the examination were females. To our dismay, from the affidavit of the Principal Secretary, Secondary Education,
Government of Uttar Pradesh, Lucknow, we find that no specific instruction had been issued for constituting a flying squad containing female official for the purpose of checking girl candidates inside the examination centre. However, the
Principal Secretary, Secondary Education, Government of Uttar Pradesh, Lucknow had filed an affidavit on 04.10.2015 bringing on record the Government Order dated 28.09.2015, wherein the State Government has taken a decision that the flying squad will include a female official for the purpose of checking the girl candidates appearing in the examination centre.
In the light of the aforesaid, without observing anything any further, we dispose of the writ petition directing the Principal Secretary, Secondary Education, Government of Uttar Pradesh, Lucknow to ensure that whenever an examination is conducted in future, the flying squad, which is constituted by the local administration for the purpose of inspecting the examination centres of U.P. Board of High School and Intermediate Examination or any other examination of a like nature, the flying squad should include a female official as a member of the flying squad and ensure that in case a physical check is required to be conducted of a female candidate, such checking should only be done by a female member of the flying squad. This direction should be carried out strictly by the State Government.
Order Date :- 8.10.2015
MAA/-
(Surya Prakash Kesarwani,J.) (Tarun Agarwala,J.)
