PTE RACKET Saurabh Malik Chandigarh, December 2 Less than two months after the Chandigarh Police registered a case of cheating, criminal conspiracy and other offences in an examination (Pearson Tests of English) racket, the UT Additional Public Prosecutor and another counsel have made startling claims before the Punjab and Haryana High Court about the modus operandi adopted by the accused. Additional PP Sukant Gupta, along with complainant’s counsel Saurabh Kansal and Tushar Alok, submitted before Justice Arun Kumar Tyagi’s Bench that “proxy candidate” dressed in similar attire would replace “real candidates” after they went to the washroom. The submission before Justice Tyagi’s Bench came during the hearing of an anticipatory bail plea filed by accused Mandeep Sethi in an FIR registered on October 7 at the Industrial Area police station under Sections 419, 420 and 120-B of the IPC. The Bench was told that 57 accused have been found to be involved in the case. Appearing before the Bench, the Additional PP and counsel for complainant Shantanu Kumar — authorised representative of M/s Pearson India Education Services Pvt Ltd — submitted that the petitioner, along with other co-accused, adopted the modus operandi of allowing the real candidate to enter the test centre after palm-vein and biometric scan, checking of passport and taking photographs. Thereupon, the candidates were admitted to the waiting area of the test centre. From there, the real candidate used to go to washroom situated outside the test centre and the proxy candidate dressed in the similar attire would enter. He would not be subjected to usual check-in procedures. The proxy candidate would take the test scoring higher grade in terms of marks, thereby benefitting the real candidate. The accused arranging candidates would charge amount ranging from Rs 6 lakh to Rs 14 lakh, out of which the petitioner was paid Rs 3 lakh per candidate. “Accounts of the petitioner have been frozen. During investigation, it has been found that fake addresses and fake IDs of real candidates were used, due to which difficulties are being faced in tracing them. The petitioner was the manager of the test centre and the modus operandi for proxy testing candidate was not possible without his involvement in the crime,” the Bench was told. In the written complaint, it was mentioned that the company was engaged in the business of conducting high-stake computer-based examinations across the globe. Dismissing the bail plea, Justice Tyagi asserted thorough investigation was essential for unearthing the modus operandi adopted, and the persons involved in committing the fraud. It was also required for collecting oral and documentary proof, including electronic evidence, regarding commission of crime in the present case. “Socio-economic offences need to be visited with different approach in the matter of bail. Since socio-economic offences have deep-rooted conspiracies, affecting the moral fibre of society and causing irreparable harm, the same have to be viewed seriously,” Justice Tyagi added.

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