Title: Amith v. State of Kerala
Decided on: 9th October, 2023
BAIL APPL. 8156/2023
CORAM: Hon’ble Justice Mohammed Nias C.P.
Introduction
The Kerala High Court rejected an individual’s application for bail after they were accused of impersonating a candidate in the VSSC Technician-B(Fitter) examination. They reasoned that impersonating in a competitive test like the one held by the VSSC requires strict punishment.
Facts of the Case
With the goal of helping A2 get a job, accused Nos. 2 and 3 planned for A1 to pretend to be A2 in order to take the VSSC Technician-B(Fitter) examination at St. Joseph School nearby General Hospital. A1 used his hall ticket and other supporting documents to enter the exam room on behalf of A2, who was absent, and wrote the test.
Courts analysis and decision
The court noted that there is proof, at least prima facie, that the petitioner entered the examination room, took the second accused’s hall ticket and accompanying documents, and wrote the examination on the second accused’s behalf, plainly demonstrating his guilt.
It was observed that the crime committed by trying to obtain employment by manipulating the exam at a strategic institution like VSSC is quite serious and impacts all of the test-takers, the organisation, and the validity of the selection process itself. Further said, “Impersonating in a competitive examination like one conducted by the VSSC has to be dealt with sternly. Fraudulent practices to gain public employment cannot be countenanced by a Court of law”
The bail application was dismissed by the Supreme Court as it believed that granting bail to the first accused will undoubtedly impede the investigation and aid the other accused in escaping because all the accused in this case need to be identified and caught.
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Written by- Aashi Narayan
