2014 (11) TMI 1303

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....719/2014(S), 13824/2014(S). Shri Amitabh Gupta, Advocate for the petitioner in W.P. No. 10133/2014(S). Shri Ritwik Parashar, Advocate for the petitioner in W.P. Nos. 14440/2014(S) and 14444/2014(S). For the Respondents/State : Shri P.K. Kaurav, Additional Advocate General. ORDER 1. Heard counsel for the parties. 2. In all these matters, the petitioners are challenging the decision of VYAPAM, who cancelled examination results of the respective petitioners. 3. It is noticed that that action was taken by VYAPAM merely on the basis of intimation received from Special Task Force (STF) about the unfair means committed by the concerned petitioners during the subject examinations. Admittedly, no independent enquiry was conducted by V....

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....n set aside in terms of this order, that being the basis for passing consequential order by the Department to remove the concerned petitioners from service, we have no hesitation in setting aside even those decisions with liberty to the Department to proceed in the matter against the concerned petitioners, in accordance with law, by following due process. 9. Accordingly, even the order passed by the Department against these petitioners is set aside with liberty to VYAPAM as well as the Department to proceed in accordance with law. 10. In Writ Petition Nos.  9719/2014(S) and 13824/2014(S): 11. In these two petitions, the petitioners have challenged the order passed by VYAPAM cancelling the written test examination results as al....

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..../2014(S) 13. In both these cases, the petitioners are not only challenging the order passed by VYAPAM, but, also by the Department removing them from service on the ground of misconduct of non-disclosure of the material fact of having been arrested by STF in connection with VYAPAM Examination Scam Criminal Case. 14. As regards the challenge to order passed by VYAPAM, for the reasons already recorded, that decision will have to be quashed and set aside on the same terms with liberty to VYAPAM to proceed against these petitioners as well. 15. As regards challenge to order passed by the Department removing concerned petitioners from service on the ground of misconduct for not disclosing the fact of having been arrested by STF in conne....