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2004 DIGILAW 136 (JK)

10+2 Parents Association Through Dileep Singh v. Chairman, State Board Of School Education

2004-05-07

PERMOD KOHLI

body2004
Petitioners are the parents of students who were candidates in 10+2 Examination in the month of March,2003 in centres namely; 721/A, 722/B and 723/C in Higher Secondary School, Kilhotran. Their result was declared on 24.5.2003 and all the students of the above mentioned centrers were declared to be in reappear category in two papers i.e. Physics and English. Petitioners approached the Board Authorities and when they secured their marks sheets, it was revealed that two papers i.e. Physics and English for which they are placed in reappear category, have been cancelled. It has been stated by the petitioners that they have approached the Board Authorities on 28.5.2003 to enquire about the reasons for the cancellation of papers of students of the aforesaid centres. The authorities declined to disclose any reason and again asked the petitioners and candidates who had approached them to visit on 29.5.2003, when they will be supplied copy of the order of cancellation of papers. However, on 29.5.2003 also, they are not supplied with the copy of the order, when approached. Petitioners have accordingly approached this court seeking direction that the order canceling the two papers be supplied, result of the petitioners for the said papers be declared and they may be permitted to fill up the form for further studies. The main grounds urged in the petition are that; the respondent-3 was appointed over all In-charge Inspector for the three centres vide order No. F(Vig-Sup) VII/JD/D/2003 dated 12.2.2003, issued by the Board Authorities. The said respondent was further authorized to associate one senior Lecturer to assist him in the smooth conduct of the examination. In addition to respondent-3 and the Inspector, the Assistant Secretary, Sub Office, Doda, was also visiting the centres occasionally. He visited on 13.3.2003 and 1.4.2003 and remained in the centres for whole of the day. Members of the Flying Squad also put their signatures upon the attendance register, showing their visit to the centres. All these officers / authorities have found that the examination was going on smoothly and fairly. No unfair means were resorted to by the students or the staff deployed in the Examination Halls. It is further stated that the centres were duly protected by the police for the smooth and fair conduct of the examination. There has been no complaint of unfair means against any of the officers or the authorities. No unfair means were resorted to by the students or the staff deployed in the Examination Halls. It is further stated that the centres were duly protected by the police for the smooth and fair conduct of the examination. There has been no complaint of unfair means against any of the officers or the authorities. According to the petitioners, when they found that all the students of three centres have been placed in reappear category in two papers, students as also their parents were shocked. On finding that these papers have been cancelled, they were unable to understand any reason for the same and even they approached the respondent- authorities, no reason has been communicated to them for cancellation of the aforesaid two papers, which were held smoothly and fairly. Even the respondent-3 has written communication to the Board Authorities asking for the reason of cancellation of papers. In this communication dated 27.5.2003, respondent -3 has certified that exams were conducted smoothly and in fair manner and consequently requested for review of the decision to cancel the papers. 2. The Board Authorities have filed their reply. The duties and functions of the Board to conduct the exams in a fair and orderly manner have been projected. It is stated that the Board deputes staff in the shape of Superintendent, Deputy Superintendent, Supervisor and Assistant etc to ensure smooth and fair conduct of the exams. With a view to maintain high standard of education, staff is drawn from the Education Department, as Board is not equipped with the necessary staff. It is the duty of the staff so deputed to see that fairness is resorted to by the candidates during the examination. The Board framed regulation for the smooth conduct of examination. Reliance is placed upon Regulation No.21, which empowers the Board to initiate action in the event examination is not conducted fairly and smoothly. It is the duty of the staff so deputed to see that fairness is resorted to by the candidates during the examination. The Board framed regulation for the smooth conduct of examination. Reliance is placed upon Regulation No.21, which empowers the Board to initiate action in the event examination is not conducted fairly and smoothly. Regulation No.21 is noticed hereunder : -- " Notwithstanding any thing contained in these Regulations, the Chairman may also, for reasons to be recorded in writing, cancel any examination either partly or wholly on the basis of any report or information about use of unfair means or mass scale from the source other than mentioned in para-20 above including any anonymous information in case he is satisfied that the sanctity of the examination has been adversely affected on account of mass copying by the examinees or outside interference at any examination/s centre/s or for any other reason vitiating the process of fair conduct of examination/s." 3. It is averred in the reply that the Board has received complaints that mass scale copying has been reported in Centre No. 721/A and other centres at Government Higher Secondary School Kilhotran(Doda). With view to ascertain authenticity of the complaints, answer scripts were sent for computer analysis. It is stated that report of computer analysis was furnished to the Board, which shows exceptionally high pass percentage of students from these centres. The matter was referred to the subject experts, who submitted their reports and communicated that mass copying had been resorted to by the students in the aforesaid centres and consequently on the basis of computer analysis and the reports of the subject experts, English and Physics papers were cancelled. Large number of representations were received after the cancellation of results and on consideration of the representations, the Board decided to cancel English "B" Paper in which the pass percentage was 84.1 and Physics "B" Paper in which pass percentage was 66.2. This decision was notified vide notification dated 9.6.2003. Copy of this notification has also been placed on record.. It is further stated that. After cancellation of the aforesaid papers, re-examination was ordered and conducted on 16.6.2003 wherein only 21 students out of 71, participated in English-"B" and Physics-"B" papers. 4. This decision was notified vide notification dated 9.6.2003. Copy of this notification has also been placed on record.. It is further stated that. After cancellation of the aforesaid papers, re-examination was ordered and conducted on 16.6.2003 wherein only 21 students out of 71, participated in English-"B" and Physics-"B" papers. 4. Main ground urged on behalf of petitioners is, that two papers have been cancelled on alleged ground of mass copying without affording any opportunity of being heard to the petitioners and in absence of their being no complaint from any of the officers or authorities, who were deployed for the smooth conduct of the examination. It is not the case where some allegations made against any individual that he was required to explain his conduct. In such a situation, where there are complaints of mass copying and the complaints have been verified and confirmed by the Computer Analysis as also by the Subject Experts, the decision of the Board Authorities to cancel the papers, cannot be interfered on the ground of violation of principles of natural justice. This issue came up for consideration before the Apex Court in the Bihar School Examination Board v. Subhas Chandra Sinha & Ors., 1970(1) Supreme Court Cases 648, wherein the Apex Court held as under : " This is not a case of any particular individual who is being charged with adoption of unfair means but of the conduct of all the examinees or at least a vast majority of them at a particular centre. If it is not a question of charging any one individually with unfair means but to condemn the examination as ineffective for the purpose it was held. Must be board give an opportunity to all the candidates to represent their cases. We think not. It was not necessary for the board to give an opportunity to the candidates if the examinations as a whole were being cancelled. The Board had not charged any one with unfair means so that he could claim to defend himself. The examination was vitiated by adoption of unfair means on a mass scale. In these circumstances it would be wrong to insist that the board must hold a detailed inquiry into the matter and examine each individual case to satisfy itself which of the candidates had not adopted unfair means. The examination as a whole had to go." 5. The examination was vitiated by adoption of unfair means on a mass scale. In these circumstances it would be wrong to insist that the board must hold a detailed inquiry into the matter and examine each individual case to satisfy itself which of the candidates had not adopted unfair means. The examination as a whole had to go." 5. In a similar matter, the Apex Court considering the question of mass copying and the authority of the J&K Board of Education, rule that the decision of the expert body should be given due weightage. What was said by the Apex Court in case titled Chairman, J&K State Board of Education v. Feyaz Ahmed Malik, is noticed below: " While judging the authority or otherwise all steps taken by authorities of the Board to take action against candidates taking part to mass malpractice it should be borne in mind that the Board is entrusted with the duty of maintaining higher standards of education and proper conduct of examinations. It is an expert body consisting of persons coming from different walks of life who are engaged in or interested in the field of education and have wide experience. The decision of such an expert body should be given due weightage by courts." 6. In view of the law laid down by the Apex Court and keeping in view the fact that in case of mass copying, it may not be possible to identify the persons who might have indulged and are responsible for mass copying. Therefore, affording them an opportunity of being heard, does not serve any purpose. It is the duty of the Board to ensure fair conduct of examination. No student can be permitted to resort to unfair means in examination and steal march over the others by illegal means. The facts of the case also reveal that petitioners have placed on record copies of attendance register to show that the Flying Squad visited examination centres. How they came in possession of attendance register, which is an official record and should be in possession of official in-charge. There seems to be some understanding between the staff and the students. It is not appropriate to make further comments on this issue, least it may jeopardize interest of any of the students. It is observed that students community should not indulge in unfair means in the examination to secure any advantage. There seems to be some understanding between the staff and the students. It is not appropriate to make further comments on this issue, least it may jeopardize interest of any of the students. It is observed that students community should not indulge in unfair means in the examination to secure any advantage. It is not only against their interest but against the interest of the society at large and ultimately the nation. Growing incidents of paper leaks and adoption of unfair means in recent days, have shocked not only the genuine students but also conscious of the court. I am unable to accept the plea raised by the petitioners. This petition is accordingly dismissed.