The Allahabad High Court has expressed grave concern over the emergence of "examination mafia" across Uttar Pradesh "who collude with heads of private or public institutions and other persons for facilitating success of unprepared students by use of unfair means. Passing the order,a division bench comprising Justice Amar Saran and Justice S C Agarwal said "we would like a response from the Principal Secretary (Home) and the Principal Secretary,Law,UP,by means of affidavits as to how the state is looking at the wide ramifications of this problem and what steps are being contemplated by the state government for checking this grave menace of widespread use of unfair means". "We would also like to be apprised on the next listing as to what steps are proposed to be taken for increasing the punishment for use of unfair means as a sentence extending to only one year with or without fine is clearly inadequate",the court said in its order dated May 25,2011. The order came on a writ petition filed by Surya Bhan Singh and others who had sought quashing of an FIR lodged against them under various sections of Unfair Means Act,at Paschimpur police station of Kaushambi district on April 12 this year. The petitioners were education department officials who had been deputed in various capacities at different schools and inter colleges chosen as venues for high school and intermediate examinations conducted by the UP Board for secondary education this year. They were named in the FIR,lodged by the District Inspector of Schools,Kaushambi,following allegations that they had "facilitated mass-copying" during examinations. The court,while fixing July 26 as the next date of hearing in the matter,ordered an investigation into the FIR be concluded within two months,besides asking the Superintendent of Police of Kaushambi to submit a report by the next date of listing as to what steps have been taken for breaking the backbone of this grave crime in the district. "We also notice that this problem of an examination mafia having developed,who collude with heads of private or public institutions and other persons for facilitating success of unprepared students by use of unfair means,has become a widely prevalent phenomena not only in Kaushambi but in most districts of Uttar Pradesh",the court remarked. The court also expressed dissatisfaction over the fact that offences under the Unfair Means Act,though "made cognizable and non-bailable",were punishable with imprisonment for one year with or without fine of up to Rs 5,000,which was "clearly an inadequate sentence for this crime which is bringing about the rack and ruin of our students". The court noted with concern the effects of the widespread use of unfair means,saying "even after passing their high school,intermediate and even higher level examinations,students are still illiterate and ignorant,which can be disastrous for the future of our nation,where much greater level of technical and education competence is needed as a nation undergoes the march towards modernization".
