Kanhu Charan Barik v. Orissa State Board of Pharmacy, Bhubaneswar
2007-09-14
A.S.NAIDU
body2007
DigiLaw.ai
JUDGMENT A. S. NAIDU, J. : Since all the facts and points of law in¬volved in the above four writ petitions are same, by consent of the learned counsel for the parties the same were heard together and are being disposed of by this common judgment. 2. The petitioners in W.P.(C) No. 8289, 8290 and 8355 of 2006 were the students of Institute of Medical Technology, Puri, which is recognised by the Pharmacy Council of India. According to the petitioners they prosecuted their studies in two-year course of Diploma in Pharmacy, in the said institution. Similarly the petitioner in W.P.(C) No. 11206 of 2006 was a student of V.S.S.Medical College, Burla, Sambalpur and he was prosecuting his studies in Diploma in Pharmacy like other petitioners, at Sambalpur. 3. The examination of Diploma in Pharmacy, Part-II was conducted in the year 2005 by the Orissa State Board of Pharmacy, Bhubaneswar. All the petitioners appeared at the examination and their results were published. It is submitted that in the mark sheets so far as sessional marks were concerned, all the peti¬tioners were awarded zero. The petitioners have approached this Court with a prayer to direct the Orissa State Board of Pharmacy, Bhubaneswar to award the sessional marks in each subject as per the marks furnished by respective Colleges and to correct the mark sheets as also to declare them to have passed Diploma in Pharmacy, Part-II Examination, 2005. 4. On receiving the Rule from this Court a counter affidavit has been filed on behalf of Orissa State Board of Pharmacy, Bhubaneswar. In the said counter affidavit it is stated that in consonance with Regulation-14 read with the Table-IV under Regulation-10 of the Education Regulations, 1991 for the Diploma Course in Pharmacy, 20 marks in Sessional Examinations for Theory and Practical (for subject paper) is required to be submitted by the concerned Institute/College where the student was undergoing the course, to the Board at the time of submission of the Forms of the candidates for the Examination and/or before the examination is held. Thus, it is clear that the sessional marks and practical marks are to be submitted by the Institute before issuing the admit card.
Thus, it is clear that the sessional marks and practical marks are to be submitted by the Institute before issuing the admit card. In the case at hand, admittedly admit cards were issued and the students were permitted to appear in the examina¬tion which presupposes that the Board was satisfied that the sessional marks as well as the practical marks were submitted by the authorities concerned. 5. The Principals of Institute of Medical Technology, Puri as well as V.S.S.College, Burla, Sambalpur have filed separate counters taking the stand that the sessional marks and practical marks were duly submitted by them within the stipulated time. But then, according to the Board marks supplied by the Principals are kept in sealed cover and are opened only at the time of tabulation. In the instant case, while conducting tabulation, the Board authorities noticed that the sessional marks were not available and consequently the petitioners were awarded zero. An averment has been made to the effect that the envelope said to have been sent by the Principals before submis¬sion of the forms of the students for examination was empty and no sessional marks were there. 6. In view of the statements made by the principals of the two Colleges who are responsible persons, this Court feels that in fact sessional marks were submitted by them before the Board but then due to some reason or other those were misplaced. To the counter affidavit filed by the Board in W.P.(C) No. 8355 of 2006, a copy of the sessional marks has been annexed. Therefore, it is clear that the sessional marks were available with the Board authorities. After hearing the learned counsel for the parties, I dispose of all the writ petitions directing Orissa State Board of Pharma¬cy, Bhubaneswar, to take the sessional marks which are available with them as would be evident from the counter affidavit filed in W.P.(C) No. 8355 of 2006 into consideration and publish the results in accordance with law, incorporating the said marks. The entire exercise shall be completed within a period of three months from the date of communication of this order. Petitions disposed of.