R JAYARAMAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) JAYARAMAN and 20 others are before me seeking for a writ of certiorari quashing the order dated 6-10-2003, Annexure-C passed by the 3rd respondent. They want a direction to the respondents to promote the petitioners to appear for the C. P. Ed. examination scheduled to be conducted as per the notification dated 20-9-2005 and to declare the results.

(2.) THE petitioners are the students of C. P. Ed. courses having joined and admitted to the said course in the academic year 2002-03 in the month of June 2002 at Divya C. P. Ed. College, sadashivanagar, Tumkur. Admissions of the petitioners were approved by the respondents. The course is for one year. The petitioners say that the theory examination consists of 5 papers. Theory examination commenced on 19-5-2003 and ended on 23-5-2003. All the petitioners have taken theory examination. They appeared in written examination i. e. , Papers I to IV which were conducted between 19-5-2003 and 22-5-2003. The petitioners have performed all the said 4 theory examinations well. The said examination was conducted through DIET institution at government Empress Girls Pre-University College, Tumkur. The duration of each of the paper is three hours. The Principal of the DIET institution was the Chief Superintendent for the said examination. The examination was conducted in three rooms. Along with the petitioners, 7 other candidates who were repeaters had also taken up the said examination. Examination squad visited the examination hall on 21-5-2003 and found no malpractice, whatsoever. On 23-5-2003, while the petitioners were writing the 5th paper, the squad visited the examination hall at about 12. 30 p. m. , a lady member of the said squad checked each of the candidates and she found nothing regarding any kind of malpractice. A male member checked room Nos. 1 and 2, where the petitioners were writing the exams and found nothing. Immediately thereafter, the repeater candidates entered into their rooms where the petitioners were writing the examination and forced them to move out of the examination hall forthwith leaving the answer scripts. The petitioners protested. The same resulted in vain, snatching the answer script from some of the candidates, which resulted in total chaos. Neither the room invigilator, nor the squad members came to the assistance of the petitioners. On the other hand, they remained as mute spectators. There were heated exchange of words between the 7 repeater candidates on one side and the invigilator and Squad on the other end. The said incident was about to result in manhandling with each other as a result of which the petitioners could not concentrate on the examination leaving the answer script. It is seen that the answer scripts were torn and the squad collected the incomplete answer scripts and left the examination hall. A complaint was filed before the sub-Inspector of Police. In the complaint, it is stated that 9 students were found copying. They left the examination centre by virtue of the fact that they have been debarred and sent out. Thereafter, the remaining 37 students supporting the said 9 students left out of the examination hall along with the answer script and torn off the same. Tumkur Police Station has filed a 'b' report. This would support the petitioners. Thereafter, the 3rd respondent passed on order on 9-6-2003 debarring the petitioners for six examinations including the examination in which they appeared in May 2003. No notice was given. It is in violation of rules of natural justice. Aggrieved by the order dated 9-6-2003, the petitioners filed a review petition. Review petition was rejected in terms of an order dated 6-10-2003. Thereafter, the petitioners filed an appeal before the Commissioner and the Commissioner has dismissed the same on the ground of maintainability. The petitioners in these circumstances are before me challenging the various orders.

(3.) RESPONDENTS are represented. Parties are heard for final disposal.