Raja Bhaiya Tiwari v. Board of Secondary Education M. P.
2006-04-13
DIPAK MISRA
body2006
DigiLaw.ai
ORDER 1. The petitioners, ten in number, appeared in Class XII Examination conducted by the Board of Secundary Education, Madhya Pradesh in the year 2004. They had appeared from Government High School, Patehra, District Rewa. The admission cards issued in their favour have been collectively annexed as Annexure P-1. It is contended that they are brilliant students and secured very good marks in Class X examination which was conducted by the Board. It is putforth that Class XII examination is an important examination conducted by the Board as that enables the students to appear in the Pre-Medical Test Examination, Pre-Engineering Test Examination and such other entrance tests. For the academic year 2003-04 all the petitioners had undergone their regular studies and had appeared as regular students from the Centre as mentioned earlier. In the aforesaid school 300 students appeared in the examination from various faculties such as Arts, Commerce, Science, Mathematics and Biology etc. All the petitioners belong to Biology Group and by special permission the petitioners No. 1 and 2 had opted for both the groups, namely, Biology and Mathematics gr0ups. They were permitted to appear in both the streams. On 3.3.2004 a date was fixed for mathematics paper. On that date an information was given by the Local Administrator, Tahsildar, Teonthar that some miscreants had surrounded the school and are disturbing the smooth conducting of the examination. On the basis of the said information submitted by the Tahsildar, the Collector, Rewa forwarded the information to the Board of Secondary Education that unfair means had been adopted by the concerned persons. The Board of Secondary Education treated the said information as a complaint and cancelled the result of the students belonging to mathematics and biology groups, though the information was given that the miscreants were disturbing the conducting of the examination outside the premises of the school. According to the writ petitioners without holding any inquiry whatsoever and without probing into the matter the Board and its functionaries arbitrarily took a decision that examination of all students of mathematics and biology group were required to be cancelled whereas hardly two or three students were found using unfair means and their cases were scrunitized by the Centre Superintendent and were forwarded by him to the Board of Secondary Education.
In essence, it is urged that when there was non-involvement of the petitioners in any kind of unfair practice, but unjustifiably the examination has been cancelled. It is putforth that on 25.5.2004 a news was flashed in the newspaper that because of using unfair means the examinations of 12,000 students has been cancelled. Prior to that, on 21.5.2004 when the result of the other students were declared the roll number of the petitioners did not find place. They made an attempt to know what had happened to their result and they came to know that the same had been cancelled. It is urged that the Board is not competent to cancel the examination without affording a reasonable opportunity of hearing to the petitioners. It is asserted by him that the act of the Board smacks of arbitrariness inasmuch as no effort ha$ been made to conduct an inquiry whatsoever. In this factual backdrop a prayer has been made for issue of a writ of certiorari for quashment of the decision taken by the Board for cancelling the examination and to direct the Board to publish the result immediately. 2. A counter affidavit has been filed by the respondents No.2 and 3, namely, the Secretary Board of Secondary Education and the Collector, Rewa, contending, inter alia, that there was large scale mass copying on the basis of which the competent authority of the Board took a decision to cancel the result. The Collector, Rewa has sent a report dated 5.3.2005 to the Board stating that the Government School, Patehara (Examination Centre No. 32079) was surrounded by many persons who were actively involved in the mass copying. The Collector has recorded that some outside miscreants were continuously suplying the copying material to the students and that the centre in question was involved in mass copying. The Tahsildar, Rewa also submitting his report to the Collector on 5.3.2004 stating that on 4.3.2004 and 5.3.2004 some outsiders were involved in facilitating mass copying. It was further incorporated that books and the copying material were being supplied to the students from the outsiders and a panchnama were also prepared. The examination in-charge has also complained about the mass copying. The Tahsildar had reported that it was not possible to stop mass copying in the examination centre. The reports of the said authorities have been brought on record as Annexures R-2-2 to Annexure R-2-4.
The examination in-charge has also complained about the mass copying. The Tahsildar had reported that it was not possible to stop mass copying in the examination centre. The reports of the said authorities have been brought on record as Annexures R-2-2 to Annexure R-2-4. It is also put forth in the reply that the Centre Superintendent had also submitted this complaint to the SDO that due to outside elements the examination centre was involved in mass copying and was not possible for him to control the same. A copy of said complaint has also been brought on record as Annexure R-2-5. The aforesaid reports were placed before the result committee taking account of large scale mass copying took a decision to cancel the result and, accordingly, a notification was issued on 20.5.2004 cancel the result/examination of the Centre No. 32079. The said notification forms the subject-matter of Annexure R - 2-7. The roll numbers of the petitioners find place in the said notification. 3. I have heard Mr. Atulanand Awasthy, learned counsel for the petitioners, Mr. Harish Agnihotri, learned counsel for the respondent No.1 and Mr. Naman Nagrath, learned counsel for the respondents No.2 and 3. 4. It is submitted by Mr. Atulanand Awasthy, learned counsel for the petitioners that the petitioners were not involved in the mass copying but the respondent Board without affording an opportunity of hearing to the petitioners cancelled the examination of the result. It is propounded by him that when adverse civil consequence of this nature is meted out to the petitioners, they should have been heard in the matter and as the same has not been done, the cancellation of examination is vitiated. 5. Mr. Naman Nagrath, learned counsel for the Board countering the aforesaid submission contended that the Board has not acted arbitrarily in canceling the examination since it has taken note of the report of number of authorities who categorically stated that the mass copying was beyond their control. It is also submitted by him that the doctrine of audi alteram partem is not applicable in the case of mass copying and, therefore, the action of the Board in cancelling the result/examination is just and proper. 6. Mr. Harish Ahnihotri, learned Government Advocate supported the submission put forth by Mr. Naman Nagrath, learned counsel for the respondent Board. 7.
It is also submitted by him that the doctrine of audi alteram partem is not applicable in the case of mass copying and, therefore, the action of the Board in cancelling the result/examination is just and proper. 6. Mr. Harish Ahnihotri, learned Government Advocate supported the submission put forth by Mr. Naman Nagrath, learned counsel for the respondent Board. 7. The spiral issue that emerges for consideration is whether in a case of this nature, the principles of natural justice are to be followed. In the case of Bihar School Examination Board v. Subhas Chandra Sinha and others [ AIR 1970 SC 1269 ] a three Judge Bench of the apex Court expressed the view that if the Examination Board is satisfied that a vast majority of the examinees at a particular centre have adopted unfair means, it is not necessary for the Board before canceling the examination as a whole of that centre to give opportunity to all the candidates to represent their cases. Their Lordships further expressed the view that the Board had not charged anyone with unfair means so that he could claim to defend himself. The examination was vitiated by adoption of unfair means. Under those circumstances the apex Court expressed the view that 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. It was further ruled that the examination as a whole had to go. 8. In this context it is appropriate to refer to a Full Bench decision of the Orissa High Court rendered in the case of Miss Reeta v. Berhampur University and another [AIR 1993 Orissa 27]. Chief Justice B.L. Hansaria (as His Lordship then was) while speaking for the Court expressed the view that in case where the result is cancelled due to mass copying the principles of natural justice are not required to be followed. 9. In view of the aforesaid, there cannot be shadow of doubt that in the case of mass copying the principles of natural justice are not attracted. Submission of Mr. Atulanand Awasthy is that it is not the case of mass copying as the petitioners were not involved in any manner whatsoever.
9. In view of the aforesaid, there cannot be shadow of doubt that in the case of mass copying the principles of natural justice are not attracted. Submission of Mr. Atulanand Awasthy is that it is not the case of mass copying as the petitioners were not involved in any manner whatsoever. There can be a case where one may not be involved but if there is mass copying at the centre and some may suffer but that would not attract the doctrine of audi alteram partem. In the case at hand there is nothing on record that the decision has been arrived at by the Board as regards the mass copying at the Centre without any material. There had been reports by the Centre Superintendent and the Collector, Rewa. There is no reason why these authorities would write against the centre in question. It is vivid that the authorities had expressed their helplessness. In such a situation the inevitable consequence to be taken by the Result Committee is to cancel the result of the examination centre. In my considered view there was no other option left with the Board and by no stretch of imagination it can be said that the Board had acted in an arbitrary or whimsical manner. The Board was within its lawful authority while issuing notification canceling the result/examination of the centre in question. 10. Before parting with the case it is thought apposite to state that education forms the marrow of a civilized society. Education teaches discplines. O'shea would like to understand education as "Character development is the great, if not the sole aim of education". In a democracy education has a major role. It advances and subserves the cause of democracy and acts as an accentuated source for development of an intelligent democracy. Availing education and acquiring knowledge by study have to remain in a singular compartment and its benefit has to be exacted by the pupils who have been interest and devoted acceptance of knowledge. Proper education does not permit anything that is prejudicial to the real knowledge. Mass copying, one may harbour a notion is an epitome of courage. But, courage, the mother of all virtues, does not recognize any prowess exhibited by numbers. The students might feel that involving in an act of copying is an act of courage but unfortunately it is not so.
Mass copying, one may harbour a notion is an epitome of courage. But, courage, the mother of all virtues, does not recognize any prowess exhibited by numbers. The students might feel that involving in an act of copying is an act of courage but unfortunately it is not so. It is fundamentally an act of wounded conscience. It is an anathema to sensitive and steadfast thinking process. He who thinks that it is a royal way to barter an examination in actually charters an idea which not only reflects a perverse sense of morality but also projects a contemptible mind which constantly works like a microscope magnifying worms. Be it remembered that involvement in mass copying destroys the fire of one's self respect and slaughters the spiritual efficiency of a cultivated mind. Sooner the pupils understand and practise the same, better it is. 11. Consequently, the writ petition, being devoid of merit, stands dismissed without any order as to costs.