Dismissed

Mohinder Kumar v. National Board of Examinations Neet

Delhi HC16 Mar 2018LPA/115/2018

Case brief

AI extract

What is this about?

This Bench of the Delhi High Court refused to direct the transfer of investigation into NEET 2018 malpractices to the CBI. It directed the NBE to actively follow up and ensure expedited FIR registration, while the Delhi Police was also directed to take appropriate steps.

What did the court decide?

The appeal was disposed of; no direction to hand over investigation to CBI; NBE and Delhi Police directed to take appropriate steps.

Mohinder Kumar Vs National Board of Examinations Neet — Education and Admissions | Delhi HC (2018)

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$~20

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- LPA 115/2018, C.M. APPL.10191/2018

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MOHINDER KUMAR ..... Appellant Through : Sh. Deepak Khosla, Advocate.

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versus

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NATIONAL BOARD OF EXAMINATIONS NEET..... Respondent Through : Sh. Kirtiman Singh and Sh. Waize Ali Noor, Advocates.

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CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE A. K. CHAWLA

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O R D E R

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% 16.03.2018

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This Bench is unable to agree with the appellant at this stage that the investigation into the complaints with respect to the malpractices in National Eligibility cum Entrance Test (NEET) 2018 [hereafter “the examination”] need to be handed over to the Central Bureau of Investigation (CBI).

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The directions of the learned Single Judge in the orders dated 07.02.2018 and 06.03.2018 have noted that the National Board of Examinations (NBE) which is in charge of the examination and conducted the process had complained to the Crime Branch of the Delhi Police on 30/31.01.2018. The record also shows that even prior to that, on 18.01.2018, the NBE had written to the appellant. The appellant’s complaint is that NBE has apparently not followed-up the process appropriately.

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Page 1 of 2

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Sh. Deepak Khosla, learned counsel appearing for the appellant urges that this is an appropriate and fit case to exercise the discretionary jurisdiction of this Court to direct the handing-over of the investigation to the CBI. He places reliance upon various judgments of the Supreme Court to say that there can be ten circumstances involving public interest, many of which are present in the instant case, which warrant a direction for the investigation to be conducted by the CBI.

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At the same time, the Court is of the opinion that the NBE should actively follow-up the issue and ensure that the FIR is registered at the most expedient time, having regard to the five-Judge Bench ruling of the Supreme Court in Lalita Kumar v. Govt. of U.P. 2014 (2) SCC 1 . Delhi Police too is directed to take appropriate and consequential steps. The appeal is disposed of in the above terms.

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Order dasti .

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S. RAVINDRA BHAT, J

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A. K. CHAWLA, J

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MARCH 16, 2018/ajk

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Page 2 of 2

Mohinder Kumar v. National Board of Examinations Neet

Case brief

What is this about?

What did the court decide?

Mohinder Kumar v. National Board of Examinations Neet

Case brief

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