If you are stuck in such a situation, here is what to do.

My experience at the All India Research Fellowship Test (AIRFT) held in Alipur was incredibly distressing. I arrived at the examination center, Innovate Solutions Tech Park, well before the reporting time, equipped with my admit card, photographs, and valid identification. As a privacy-conscious citizen, I always keep my Aadhaar biometrics locked, a feature encouraged by UIDAI itself to prevent misuse. I had no reason to believe this would cause an issue.

At the registration desk, the staff insisted on Aadhaar fingerprint authentication. When it failed due to my locked biometrics, I, along with several others in the same predicament, was told to step aside. Our phones, which could have been used to unlock the biometrics, were already deposited and inaccessible. We were left standing for nearly an hour and a half while other candidates completed their registration.

The examination instructions, issued by the National Examination Authority (NEA), explicitly included a “Non-Aadhaar Candidate” declaration form for such scenarios. However, upon entry, the invigilators had instructed everyone to discard all pages of the admit card except the first one. When I tried to explain this to the staff, they completely ignored me.

Finally, just minutes before the exam was to begin, they used a “bypass” method to manually check us in. I started my computer-based test a couple of minutes late, which was manageable. However, the ordeal was far from over. Mid-exam, an employee from the private contractor, Global Tech Services (GTS), approached my desk and demanded I sign a form. This form falsely stated that I had been “indulging in malpractice” and would be “banned from future exams.”

I was shocked and refused to sign such a defamatory and untrue statement. My only “fault” was securing my own biometric data. Over the next hour, I was repeatedly harassed by two GTS employees and an NEA representative, all pressuring me to sign the form during my exam. The constant interruptions and threats completely shattered my concentration. The NEA official eventually suggested I could strike out the word “malpractice” and then sign, but the entire episode was a chaotic and intimidating experience designed to coerce me.

This raises serious questions. Why was an alternative, official procedure mentioned in the admit card completely disregarded? Why were we harassed during the exam instead of being dealt with during the long waiting period? And what legal authority does a private contractor have to threaten and accuse a candidate of malpractice for following recommended privacy practices?

Advice in such cases

• Remain Calm and Assertive: Do not get intimidated. Calmly state your position and refer to the official rules and guidelines provided in the admit card or on the official website.
• Do Not Sign Anything Under Duress: Never sign a document that contains false information or admissions of guilt, especially under threat. If forced, you can write “Signed under protest and duress” next to your signature.
• Document Everything: As soon as possible, write down the entire sequence of events with dates, times, and names or descriptions of the officials involved. This record is crucial for any future action.
• Gather Evidence: Preserve your admit card (all pages if possible), any communication from the examination authority, and try to get contact details of other candidates who faced similar issues, as they can be valuable witnesses.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

Such actions by examination staff can fall foul of several provisions under Indian law. The focus should be on the new penal laws.

• Section 361 of the Bharatiya Nyaya Sanhita (BNS), 2023 – Wrongful Restraint: By preventing you from entering the examination hall in time without a valid legal reason, the staff may have committed the offence of wrongful restraint.
• Section 351 of the Bharatiya Nyaya Sanhita (BNS), 2023 – Criminal Intimidation: Threatening to ban you from future exams to compel you to sign a document you are not legally bound to sign amounts to criminal intimidation.
• Section 356 of the Bharatiya Nyaya Sanhita (BNS), 2023 – Defamation: Forcing you to sign a form admitting to “malpractice” is a direct attack on your reputation and can be grounds for a defamation case.
• The Aadhaar Act, 2016: The Act and its regulations provide for multiple modes of authentication. Insisting on only one method (biometrics) and penalizing a candidate for using a security feature (biometric locking) is arbitrary and contrary to the spirit of the Act. The Supreme Court has also ruled on the limited mandatory nature of Aadhaar.
• Information Technology Act, 2000: This act governs the use and protection of electronic data, including sensitive personal data like biometrics. A private contractor’s handling and insistence on accessing this data can be legally questioned under its provisions.

If you are the complainant

• File a Formal Complaint: Immediately draft a detailed complaint and send it via email and registered post to the highest authorities of the examination conducting body (e.g., the Chairman or Director General of the NEA).
• Send a Legal Notice: Through a lawyer, send a legal notice to the examination body and the private contractor, detailing the illegal actions, the mental harassment caused, and demanding corrective action and an apology.
• File a Police Complaint: You can file an FIR at the local police station for offences like criminal intimidation and wrongful restraint.
• Approach the High Court: A writ petition can be filed before the appropriate High Court seeking directions to the examination body to not cancel your candidature, to take action against the erring officials, and potentially for compensation for the harassment faced.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

• Preserve All Documents: Keep your admit card, ID proof, and any other related papers safe. Take clear photos or scans of them immediately.
• Create a Timeline: Write down a detailed account of what happened, in chronological order. Note down what each person said and did, especially the threats.
• Identify Witnesses: If other candidates faced the same issue, try to connect with them. Their collective voice will strengthen your case.
• File an RTI: You can file a Right to Information (RTI) application with the examination authority to ask for the official rules regarding biometric authentication and the procedure for non-Aadhaar candidates.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

Often, the police may initially be hesitant to register an FIR, viewing the matter as an “administrative” or “civil” dispute between a candidate and an examination body. They might advise you to first approach the authority directly. However, since the actions involve cognizable offences like criminal intimidation, they are duty-bound to register an FIR. If the police refuse, you can send a written complaint to the Superintendent of Police. The most effective route, if the police are unresponsive, is to file a private complaint before the local Magistrate under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, who can then direct the police to register an FIR and investigate.

FAQs people normally have

• Can they actually cancel my exam for this? It is highly unlikely that your exam would be cancelled on such frivolous grounds, especially when you have a valid explanation and the fault lies with the administrative process. Any such arbitrary action can be challenged and struck down by a court of law.
• Is Aadhaar biometric authentication mandatory for exams? No. As per Supreme Court judgments, Aadhaar cannot be made mandatory for services where it is not explicitly required by a law passed by Parliament. Examination bodies must provide alternatives, which the NEA did in this case by including the non-Aadhaar form.
• What if I signed the form under pressure? A signature obtained under duress, coercion, or threat has no legal validity. You can retract it by immediately writing to the authorities, explaining the circumstances under which you were forced to sign. Your contemporaneous conduct and subsequent complaint will be key evidence.

What evidence is required?

• Your admit card, particularly if you have all the pages showing the non-Aadhaar declaration.
• Your valid photo ID that you presented at the center.
• A copy of the complaint and legal notice sent to the authorities, along with postal receipts.
• Names or physical descriptions of the staff and officials who harassed you.
• Contact information of any co-candidates who witnessed the incident or went through the same ordeal.
• A detailed, self-attested written statement of the entire incident.

How long will the investigation take?

An internal investigation by the examination authority may conclude within a few weeks to a couple of months. However, if the matter proceeds to the police and courts, the timeline can be much longer. A police investigation can take several months. Subsequent court proceedings can be lengthy, often stretching over a year or more, depending on the court’s workload and the complexity of the case. However, interim relief, such as an order preventing the cancellation of your exam, can often be obtained from a High Court much more quickly.

Advocate Sudhir Rao, Supreme Court of India