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2006 DIGILAW 102 (ORI)

KUMARI RANI SWATI MONALISA v. CHAIRMAN, COUNCIL OF HIGHER SECONDARY EDN.

2006-02-07

J.P.MISHRA, P.K.MOHANTY

body2006
P. K. MOHANTY, J. ( 1 ) THE petitioner calls in question the decision of the Opp. Parties in cancelling the Mathematics Paper-II of 2 Science Annual Examination, 1999 held n Rajendra College, Bolangir Centre. ( 2 ) THE petitioner had appeared at the Annual Higher Secondary Examination (Science), 1999 from Rajendra College, Bolangir with Physics, Chemistry and Mathematics as optional subjects and Statistics as fourth optional subject. But the Mathematics Paper-II examination held on 30/3/1999 had been cancelled on the basis of the report of the Flying Squad for mass malpractice in the centre and the examinees were awarded "00" marks in that paper. According to the petitioner she had never adopted any malpractice nor violated any of the rules of examination inasmuch as there was no report against her for any infringement of examination rules as specified in the Admit Card, either by any Invigilator, Centre Superintendent or Examination Supervisors and, as such, in absence of any specific allegation against the petitioner, without affording an opportunity to know the allegations, the penalty is illegal and mala fide. ( 3 ) THE Opp. Party Council has filed a memo along with the records containing the report of mass malpractice made by the Flying Squad. It has been stated that a similar application bearing O. J. C. No. 8519 of 1999 wherein challenge was made to the cancellation of Mathematics Paper-II of Annual Higher Secondary Examination, 1999 in Rajendra College, Bolangir Centre by Council notification dated 16/6/1999 on the ground of mass malpractice has been rejected by order dated 16/8/1999 and, as such, the very notification being under challenge in the present Writ Petition, this Writ Petition is liable to be dismissed. A copy of the counter affidavit filed by the Opp. Parties 1 and 2 in that Writ Petition has been filed along with the report and prayer has been made to adopt the said counter in the present Writ Petition. ( 4 ) THE report of Flying Squad consisting of two lecturers, one from U. G. S. College, Sakhigopal and the other from P. N. College, Khurda has been placed for consideration of this Court. It is distressing to note the contents of the report. The report discloses that the Flying Squad visited Rajendra College, Bolangir on 30/9/1999 at 10. ( 4 ) THE report of Flying Squad consisting of two lecturers, one from U. G. S. College, Sakhigopal and the other from P. N. College, Khurda has been placed for consideration of this Court. It is distressing to note the contents of the report. The report discloses that the Flying Squad visited Rajendra College, Bolangir on 30/9/1999 at 10. 45 A. M. On entering the examination halls, the members of the Flying Squad found that they were walking on the carpets of incriminating materials. Fresh materials were only adding to their thickness. The candidates were freely exchanging materials among them, talking, throwing materials onto the floor or to the veranda, seeking clarification from each other, outsiders rushing in with xerox answer sheets were but the order of the day. The candidates, comfortably huddling together instead of two in a bench, were bold enough to put the materials on their desks and copying down from there. There was incessant rain of materials not from the top to the bottom, but beneath the roof, from any direction to all directions and vice-versa like skud missiles, they hit their destination with nicety. Neither the invigilators tried to silence the candidates not there was any clarity among them. None of the invigilators offered his least effort to prevent anything. They all appeared to be dubious, blind to what was going on before them. Apparently callous and indifferent, some of them stood near the candidates either telling out the answers or indulging in gossips. The candidates had been left to themselves and there was not a single one who resisted the temptation of resorting to malpractice. According to the Flying Squad, foul was the game and foul was the atmosphere. The Flying Squad felt helpless because to try to take out materials from one and all would be an exercise in futility. It further reveals that the invigilators were very much panic, expressed their helplessness and requested the Squad to cancel the examination in toto. The report narrates in detail the atmosphere that prevailed in and outside examination halls in the centre. The Squad recommended for cancellation of the said paper in the centre. ( 5 ) THE Examination Committee, on consideration of the said report, has cancelled the result in respect of Mathematics Paper-II of Annual Higher Secondary Examination, 1999 conducted 30/3/1999 in the said centre. The Squad recommended for cancellation of the said paper in the centre. ( 5 ) THE Examination Committee, on consideration of the said report, has cancelled the result in respect of Mathematics Paper-II of Annual Higher Secondary Examination, 1999 conducted 30/3/1999 in the said centre. ( 6 ) IN view of the report of the Flying Squad, the Examining Authority, having found that the examination was not at all conducted in accordance with the rules and norms prescribed by the Council and the examinees had resorted to mass scale malpractice, it could not have any alternative than to cancel the said paper and direct awarding "00" marks to such candidates. It is well settled principle of law that in a case of mass malpractice, where all students appearing at the examination had resorted to malpractice, question of affording opportunity of hearing is inapplicable. The decision of the Council to cancel the examination cannot be faulted. It further appears that the self-same notification was under challenge in O. J. C. No. 8519 of 1999, but a Division Bench of this Court did not interfere in the said order and rejected the petitioner's prayer to allow them to appear at the instant examination conducted thereafter. In such view of the matter, we find no merit in the Writ Petition and accordingly, the Writ Petition is dismissed.