VSSC Exam Impersonation Case: Kerala High Court Calls For Strict Action Against 'Fraudulent Practices' To Secure Govt Jobs, Refuses Bail

The Kerala High Court on Monday rejected the bail application of a person accused of impersonating a candidate in the VSSC Tenchnican-B(Fitter) examination. 

While refusing bail, Justice Mohammed Nias C.P. observed, 

"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. All the stakeholders are hoodwinked by manipulating and corrupting the selection process of a premier organisation in the Country, which all are proud of". 

The prosecution case was that the petitioner, who is the 3rd accused person in the present case, had conspired with the 2nd accused person for enabling the latter to obtain a job in VSSC via the VSSC Tenchnican-B(Fitter) examination. The petitioner accordingly by pretending to be the second accused, who is the actual candidate for the exam, secretly used the mobile phone and other electronic devices and entered the exam hall on behalf of the latter and write the exam, thereby cheating VSSC and the other candidates. 

He was tus accused of having committed offences under Sections 120B ('punisment for criminal conspiracy'), 406 ('penalties for criminal breach of trust'), 419 ('punishment for cheating by personation'), 420 ('cheating and dishonestly inducing delivery of property'), 465 ('punishment for forgery'), 468 ('forgery for purposes of cheating'), 471 ('using as genuine a forged document') of IPC and Section 66(C) ('identity theft') and 66(D) ('cheating by impersonation') of the IT Act

The counsel for the petitioner submitted that the petitioner was innocent and was falsely implicated in the case. It was added that the petitioner was employed in the Army and was on leave, and had accompanied his friend who was to appear for the examination, and that he had been arrested on a wrong impression, while he had been resting in the hotel. 

Senior Public Prosecutor P.G. Manu however opposed the application, and submitted that the investigation had revealed the presence of the petitioner in the hall. He added that the report submitted by the prosecution clearly indicated that the teacher who was on invigilation duty in the hall where the petitioner accused wrote the examination impersonating the actual candidate, had identified the former. 

The Counsel argued that there was prima facie evidence to show that the petitioner had entered the examination hall, taken the hall ticket and related documents of the other accused, and written the examination on behalf of the latter. 

The Court, upon considering the submissions, was of the view that the crime alleged to have been committed by the petitioner was a serious one, of trying to get employment by rigging the examination of a strategic organization like VSSC, which affected all the candidates who took the examiation, the organisation, and the credibility of the selection process. 

"That apart, since all the accused involved in this case are to be identified and apprehended, granting bail to the first accused would certainly hamper the investigation and help the other accused escape. I also take note of the apprehension raised by the prosecution that the petitioner, being from another State, may abscond and obstruct the investigation and the trial," the Court further noted. 

The bail plea was thus dismissed. 

Counsel for the Petitioner: Advocates T.A. Unnikrishnan, K.K. Akhil, and T. Sreelakshmi Unnikrishnan

Citation: 2023 LiveLaw (Ker) 554 

Case Title: Amith v. State of Kerala 

Case Number: Bail Appl. No. 8156/ 2023

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