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1993 DIGILAW 194 (ORI)

RAJKISHORE MOHANTY v. COUNCIL OF HIGHER SECONDARY EDUCATION

1993-08-03

ARIJIT PASAYAT, D.M.PATNAIK

body1993
PASAYAT, J. ( 1 ) THE dispute involved in these writ applications being identical, with consent of parties the applications were taken up together for hearing and are disposed of by this common judgment. ( 2 ) "an expert is one who knows more and more about less and less" said Nicholam M. Butler in a commencement address in a lighter vain. Similar words of "praise" are heaped on the Council of Higher Secondary Education. Orissa (In short, the 'council'), the examining body in respect of Higher Secondary Examination. The petitioner in each case had appeared at the Annual Examination held in 1993. Each has come out successful, but correctness of marks awarded in various papers is questioned. 1t is asserted that there has been improper valuation and/or incorrect reflection in the mark list supplied. Some of the petitioners have gone to the extent of alleging that cover page of answer scripts may have been as supplied to them, but their answer scripts have been substituted and have been placed under the cover of somebody else's first cover page. In other words, it is alleged that the marks they deserved, have been reflected in the mark list of others. They point accusing fingers at the Council and assert that the examining body of the Council is duty bound to make a proper evaluation. They assert that an chaotic condition prevails in the Council and since there was no proper evaluation, they have lost faith on it. It is pleaded that instructions issued in the matter of evaluation are observed more in breach than in compliance. It is highlighted that this Court had occasion to take serious note of the aberrations of the Council and had expressed hope that situation will improve, but there is further deterioration instead of improvement. These allegations have been stoutly denied by the learned counsel appearing for the Council. ( 3 ) CONSIDERING the large number of cases, some of them apparently genuine, while some prima facie frivolous where candidates have felt aggrieved, time has come to take a stock-taking. True it is, when dealing with cases of large number of examinees, some cases of mistake may unintentionally and unitendedly occur. Normal human errors may contribute for it; but where number is abnormally high the situation becomes alarming. The Court at that stage cannot remain a passive and silent onlooker. True it is, when dealing with cases of large number of examinees, some cases of mistake may unintentionally and unitendedly occur. Normal human errors may contribute for it; but where number is abnormally high the situation becomes alarming. The Court at that stage cannot remain a passive and silent onlooker. It is ultimately the society which suffers if examination system is deficient. It has to be borne in mind that future of large number of examinees who are at the threshold of higher education is at stake. No casualness in such matters can be overlooked. Attempts should be made to eliminate possibility of error. That is why check regulatory measures are to be adopted, so that even human errors are reduced to a minimum. The Apex Court while disapproving interference by Courts in the matters relating to regulations for conduct of examinations, stressed on the desirability of taking every possible precaution and necessary safeguards to ensure that answer books inclusive of supplements are kept in safe custody so as to eliminate the danger of their being tampered with. It was also highlighted that the evaluation must be done by examiners applying uniform standards with checks and cross-checks at different stages. The desirability of taking measures for detection of malpractice was also stressed. ( 4 ) IT is imperatively desirable that there should be fairness and accuracy in evaluation of answer books. The system should be foolproof so far as errors are concerned leaving no scope for genuine and bona fide grievance. Enormity of labour and time involved, notwithstanding, a positive attempt to eliminate gross and indefinite uncertainty in the matter of evaluation is a must. Council's efforts in this regard leave such to be desired. ( 5 ) WE, therefore, feel it necessary to direct constitution of a Committee consisting of the Chairman, Secretary and the Controller of Examination of the Council. It shall be open to the Committee to recruit experienced Principals, Readers and Lecturers to assist it. It would be better if choice is restricted to senior teachers of reputed institutions. The Committee shall deal with cases where applications are made for re-addition of marks. When an allegation of mistake is made, and a proper application is filed, in addition to checking by subject teachers, any two of the recruited members shall do re-addition. It would be better if choice is restricted to senior teachers of reputed institutions. The Committee shall deal with cases where applications are made for re-addition of marks. When an allegation of mistake is made, and a proper application is filed, in addition to checking by subject teachers, any two of the recruited members shall do re-addition. The procedure to be adopted for checking of addition of marks should be as follows: (I) Applications for checking addition of marks shall be accepted within the period stipulated in the Regulation of the Council. Applications received after the date and/or without requisite fees and/or details of papers shall not be entertained. (II) All applications shall be kept serially and numbered and registers shall be maintained for that purpose. The said registers shall contain the name of the applicant, institution from which he/she appeared with roll number, year of examination, date of application, and date of disposal of the application and results of verification. (III) The answer scripts shall be collected on requisition and they shall be kept in the custody of a responsible officer to be nominated by the Committee or as may be prescribed in the Regulation of the Council. (IV) Checking shall be done by at least three, one of these being the subject teacher, another being a recruited member belonging to the discipline of the paper for which the application is made. For example, if a candidate has made a request for re-addition relating to Chemistry paper, at least one of the member, if not more, should be of Chemistry discipline. If there is any difference of opinion between the members, the same shall be referred to the Committee. (V) If a candidate is not satisfied with re-addition of the marks by the subject teacher and recruited member, he/she may move to the Committee. The decision of the Committee shall be final. However, for the purpose of re-addition, by the Committee, where a prayer is made for that purpose, the concerned candidate shall not be required to pay any additional charges. ( 6 ) IF a candidate makes an application of manipulation and/or substitution of answer script, an application containing details of allegation, and material in support thereof shall be filed before the Committee, which shall decide on its own merits. It is true that there is no specific provision in the Regulation for constitution of such Committee. ( 6 ) IF a candidate makes an application of manipulation and/or substitution of answer script, an application containing details of allegation, and material in support thereof shall be filed before the Committee, which shall decide on its own merits. It is true that there is no specific provision in the Regulation for constitution of such Committee. But in the interest of candidates and to avoid unnecessary delay, we have felt necessity of constitution of such Committee. We are sure that if the aforesaid procedure is adopted, inaccuracy in evaluation shall be reduced to a considerable extent. This arrangement shall be made in respect of Annual Examination, 1993, and for subsequent examinations. The Committee shall take decision in each' case within three months from the date of receipt of application. The Committee shall continue to function till such time the Council decides to make any alternative arrangement to make the system of valuation fool-proof, fair and accurate. ( 7 ) SINCE re-valuation is not permissible, we have not considered it fair to direct re-valuation. But at the same time it is the duty of the Council to obviate apprehension and belief of large number of candidates that they are victims of improper valuation. Suppose a candidate deserves 10 marks, it would be unfair to award either 6 or 12 marks. Small margine of difference can be expected due to normal human factors. Two examinees may not be awarded identical marks for identical answers if they are examined by two different examiners. But margine should not be so high as to bring an element of chance or luck. It is accepted that the model answers are indicated to the examiners. Candidates allege that those are not kept in view, while evaluating the answer papers. If true, this is a serious matter. The Committee has to ensure that if a candidate has answered a question correctly, and according to model answers he/she should not be awarded lesser marks. ( 8 ) IT is stated that the Chief Examiners make randum scrutiny of answer papers after they are revalued by the examiners, and therefore, possibility of mistake is wiped out. This may be so in case of the candidates whose answer paper comes up for scrutiny by the Chief Examiner, but not in other cases. ( 8 ) IT is stated that the Chief Examiners make randum scrutiny of answer papers after they are revalued by the examiners, and therefore, possibility of mistake is wiped out. This may be so in case of the candidates whose answer paper comes up for scrutiny by the Chief Examiner, but not in other cases. To avoid such a fortuitous contingency, we feel it would be proper if the Chief Examiner takes up scrutiny in more number of cases, if he/ she cames across cases where model answers do not appear to have been followed. Keeping in view the limited scope for interference in matter relating to the revaluation, we part with a hope that the Council shall do a bit by self-introspection, and take necessary remedial steps. ( 9 ) WHEN we indicated our views to the learned counsel for the parties, they agreed without reservation that the course indicated by us is wholesome in the greater interest of the candidates as well as the Council, whose credibility has suffered a battering in the last few years. Henry Adams in his book "the Education of Henry Adams" has observed, "nothing in Education is so astonishing as the 'amount of ignorance it accumulates in the form of inert facts". Let this glory be not acquired by the Council or the examiners selected by it. ( 10 ) THE writ applications are accordingly disposed of. ( 11 ) D. M. PATNAIK, J. :- I agree. Order accordingly.