New Delhi: The Supreme Court on Thursday ordered CBSE to declare the results of All India Engineering Entrance Examination (AIEEE) as it set aside a plea for reconduct of the test which was mired in controversy after a question paper was leaked.

The Apex Court turned down the petition filed by AP Sinha, a retired professor of NIT Jamshedpur.
A vacation bench of justices G S Singhvi and C K Prasad dismissed the petition filed by some students and a retired professor of NIT Jamshedpur, A P Sinha, seeking its direction to the government for reconduct of the test.

Refusing to scrap the test conducted by the CBSE in two rescheduled phases after the paper was leaked, the court allowed the board to declare the results which are expected to come out within a week.

The petitioner submitted that many students could not appear in the test which was rescheduled and a single merit list could not be made on the basis of two separate examinations.

“Two separate examinations are not envisaged at all for a single merit list based on performance. Deviations leave the process illegal, unjust, unconstitutional, arbitrary and clearly against fundamental rights of equality of all the candidates,” the petitioners said.

The court, however, was not impressed by the argument and said that around 10 lakh students had appeared for the test and they would suffer because of fresh examination.

A group of AIEEE candidates, who had appeared for the exam after a delay of three hours due to question paper leak on May 1, had sought cancellation of both the examinations (1st and 2nd phases) on the ground that the students were compelled to give the exams under adverse conditions and circumstances, which were violative of fundamental rights.

The petitioners contended that the government was “conducting to AIEEE 2011 exams under two very different conditions -- one in adverse and disadvantageous condition, marked by chaos in which 97 per cent of the total candidates appeared, while (the other in which) only 3 per cent candidates were allowed to appear on May 11 in an undue
advantageous position.

“This will certainly lead to conditions in which it can never produce a just, fair, bonafide and legally sustainable merit list of rankings and, thereby, may open a floodgate of future litigations and challenges,” they said.

On May 1, the examination was delayed by three hours following the paper leak. The exam was scheduled at 9.30 AM but was rescheduled to begin at 12 noon the same day.

The next day the government came out with a notification that the AIEEE exam will be re-conducted on May 11, only for candidates who could not appear for the exam on May 1.

The leaked question paper was reportedly being sold in in Lucknow and a man was arrested by Uttar Pradesh Special Task Force.