West Bengal SSC Recruitment Scam | Supreme Court Questions Reliability Of Scanned OMR Sheets; State Claims Tainted Candidates Can Be Segregated
Live LawDuring the hearing of the West Bengal SSC Teachers' Recruitment Case, the Supreme Court highlighted the need to examine the authenticity of the electronic data stored in database of the School Service Commission in order to understand whether there can be a distinction made between 'tainted' and 'untainted' candidates. Previously, the CBI informed the bench led by then CJI DY Chandrachud that the images of the OMR were handed over by DATA Scantech Solutions to NYSA Communications Private Limited in digital form leaving the original hard copies of the OMR sheets in the office of the SSC. "There is a misconception about 65B.the evidentiary value attached to a document depends not on the mode alone, but on several factors,.65B doesn't deal with and say what evidentiary value is attached to it, it only on the mode of proof" "OMR sheets have been destroyed, so this document is not available.65B certificate will only say that what is downloaded from the hard disk and what is uploaded on the disk" The CJI further explained with an example - the call records we get are downloaded from a server, there is a blockchain, and the certificate says that as I downloaded from the server, this was on the server, but he cannot vouch that the server was not manipulated in terms of the data The bench added that since SSC didn't maintain the mirror image, original sheets are not available, and the only evidence is the scanned sheet by data ScanTech given to NYSA. "There are irregularities in scanning, Data Scantech did it in the office of SSC, but we do not even know that the images were of the original sheets, 65B will not say that" Sr Advocate Rakesh Dwivedi appearing for the State of West Bengal and Sr Advocate Jaideep Gupta appearing for the SSC, both submitted that as per the CBI report so far, a segregation of the untainted results from the tainted ones was possible. Additionally, on the issue of why SSC didn't store the original data of OMR sheets, Gupta reasoned that there are 26 Lakh candidates in each batch of exams, exams are held from time to time, "So impossible to store all OMR sheets.no disputes arose till 2021" He said.