Lucknow: The Uttar Pradesh government Tuesday approved a proposal to bring in an ordinance to curb question paper leaks, an issue seen as having dented its image and a key reason for the BJP’s poor performance in Lok Sabha elections.
The cabinet gave its nod to the proposal to implement the Uttar Pradesh Prevention of Unfair Means and Paper Leak in Public Examinations Ordinance, which stipulates life imprisonment for those who leak question papers of government examinations, as well as a fine of Rs 1 crore. All offences under the ordinance have been classified as cognizable, non-bailable, non-compoundable and triable by sessions courts. The ordinance also sets stringent conditions for bail.
The move comes months after the Yogi Adityanath government cancelled the state police constable recruitment and RO/ARO examinations amid allegations of question paper leaks, and at a time when a row over alleged irregularities in conduct of the NEET-UG and UGC-NET exams is a burning issue nationwide. At least 10 public exams have been compromised over the past ten years in UP.
The proposal now awaits approval by UP Governor Anandiben Patel.
Once the ordinance becomes a law, the UP Public Examination (Prevention of Unfair Means) Act, 1998, will be repealed, home department officials confirmed to ThePrint.
A total of 43 proposals presented before the cabinet were approved.
Addressing a press conference after the cabinet meeting, state Finance Minister Suresh Khanna said that under the proposed ordinance against paper leaks, those convicted can be sentenced to imprisonment starting from two years to life, and a provision of a fine up to Rs 1 crore of fine has been made in the same.
The existing law — UP Public Examination (Prevention of Unfair Means) Act, 1998 — is one of the country’s oldest aimed at curbing the use of unfair means in examinations. UP was one of the first states to have enacted an anti-cheating law as early as in 1993.
Speaking to ThePrint, Special Secretary (Home) Sanjeev Gupta said that since the assembly is not in session, the government is set to bring an ordinance aimed at curbing paper leaks.
“The ordinance will come into effect once approved by the governor. Once passed in the assembly, it will be a fresh act. The old law will be repealed and cease to exist,” he added.
The ordinance will cover the Public Service Commission, the UP Subordinate Services Selection Commission, the UP state board, universities, authorities, or institutions nominated by them. “It will apply to all recruitment examinations, regularisation or promotion exams, and entrance exams for degrees, diplomas, or certificates. It will also criminalise the distribution of fake question papers and the creation of fake employment websites,” Khanna said.
“If an examination is compromised, the financial burden will be recovered from the solver gang, and the involved institutes and service providers will be permanently blacklisted. The ordinance also includes provisions for property attachment in case of a crime,” he added.
The old 1998 law criminalised the procurement or attempt at procurement of a question paper or a portion or copy of the same, imparting any information related to or derived from or having a bearing upon the question paper, divulging of any information pertaining to a public examination or part thereof by a person who has come to know about it by virtue of the work entrusted on them, outsiders or institution management or staff providing help or assistance to examinees in using unfair means, etc.
It entailed both bailable and non-bailable offences, while imprisonment ranged from three months to a maximum five years. It also stipulated a fine ranging from Rs 2,000 to Rs 5,000.
(Edited by Gitanjali Das)