RAJIV RATNA SHUKLA Vs. UNIVERSITY OF ALLAHABAD

JUDGEMENT

(1.) Students of Chaudhary Mahadeo Prasad Degree College and Allahabad Degree College (hereinafter referred to as C.M.P. and A.D. College) affiliated to Allahabad University, have filed these petitions against decision of Examination Committee cancelling examinations held on various dates in the months of April and May 1986 in these colleges as the examinees indulged in mass copying. Although various submissions touching on legality of Examination Committee, lack of material for its decision, absence of any report of copying by invigilators or centre superintendents, were advanced by crux of the matter is, if the examinations which were held for fair and honest assessment of capability of the examinees to accumulate and retain knowledge stood vitiated because it turned into a farce due to resort to unfair means adopted by the examinees. Because if this decision of Examination Committee is correct then it would not be a fit case for interference in writ jurisdiction. Stress was laid by urging that part of examination having been held to be legal the remaining could not be permitted to be declared void and illegal. Absence of any inquiry and violation of principle of natural justice was also urged.

(2.) Copying in examinations at times even aided by those who are entrusted with responsibility of supervising actuated with self interest of threat to life and security is rapidly becoming a part of deteriorating social order. Assault on invigilators resulting in death is common reading in newspapers in examination days. Unfortunately even the Universities and Degree Colleges the highest academic institutions could not remain immune from it. It is indeed painful. But such unfortunate developments are becoming part of the social system. How else could this petition and vociferous arguments by the learned counsel maligning the teachers, the Vice-Chancellor, the Examination Committee and Flying squad of the University could have been raised. Attempt was even made to justify conduct of the students, their misbehaviour, etc.

(3.) No further need be said as the reexaminations having been postponed under orders granted by this Court the only option is to adjudicate upon if the decision of Examination Committee of mass copying is well founded. When flying Squad comprising of University teachers, etc. reached C.M.P. Degree College on 23rd April, 1986 at 7.15 a.m. it found most of the examinees throwing books and answer slips outside examination hall. It detected 14 cases of unfair means and went to Allahabad Degree College where it found 16 students copying. It noticed several bags full of throw away material burnt down papers at both places. Therefore, it inferred that mass copying was done at both places. On next day, that is, 24th April, it again detected mass copying at C.M.P. College. Twelve students were caught red handed. The squad found better atmosphere in A.D.C. and detected only few isolated cases of copying. It found three students using unfair means. On 25th April, two students in C.M.P. College and four students in A.D.C. were found copying. It however, noticed mass copying in rooms Nos. 9, 63, 64 and 65 of C.M.P. College. These reports were examined by the Examination Committee on 24th April, 1986. It found that the Centre Superintendents of both the colleges admitted that large volume of unauthorised material found its way in the examination hall because there was no checking at the gate. The Superintendent of C.M.P. College expressed his helplessness as the teachers were not cooperating in the examination work. The Superintendent of A.D.C. did not complain non-co-operation of the teachers. But he felt difficulty because there were not sufficient number of teachers who could carry on both the jobs of checking at the gate and invigilation in the hall. The committee, however, resolved that the Vice-Chancellor, Pro Vice Chancellor. Dean of faculty and Head of Departments and Controller of Examinations will visit the centres and report to the Examination Committee. It also resolved that strong action including, if necessary, cancellation of examination will be taken in case of centres where mass copying had been reported. It further decided to meet on 26th April, 1986 at 4 p.m. to decide the action to be taken in such cases. It appears that the examination committee, instead of 26th April, met on 28th April, 1986 and decided on the report of the flying squad and the statement of centre superintendent that the examination held on 23rd, 24th and 25th April, 1986 in C.M.P. College and of 23rd April, 1986 in A.D.C. may be cancelled. The next examination was held on 2nd May, 1986. The flying squad which visited C.M.P. College in the morning found nine students using unfair means. It further noticed mass copying in each room, and the candidates were seen throwing books and other material as soon as they came to know of arrival of flying squad. It recorded in its report that the president of the Union who was also an examinee told that mass copying was going on every day not only in C.M.P. College hut other centres including Senate Hall of the University. Therefore, the examination of those centres should also be cancelled. It is also stated in the report that an invigilator told the squad that in the very beginning some examinees snatched away unused answer books and they were helpless. Later on they were deposited and on such answer books 'B' was written which were found outside the hall. In the evening of 5th May, 1986, on checking of C.M.P. College the squad found that each and every examinee had book and written slips in their possession. It also noticed that on reaching of the squad the examinees threw away their books and written slips. In the morning of 6th May, the squad in its visit to C.M.P. College at 7.50 a.m. found that examination had not started and chaotic condition was prevailing. The examination did not start till 7.40 a.m. The squad again visited the college at 9.15 a.m. and found mass copying was going on. In its visit in the morning of 8th May, 1986, it found mass copying in C.M.P. in all the rooms. In A.D.C. 19 students were found using unfair means. In the evening of the same day when the squad visited C.M.P. College it found all the examinees having books and written slips in their possession and when the squad began to take books and written slips from the possession of examinees they created nuisance and abused the members of the squad. They further refused to hand over the books and slips. The squad noticed that the examinee whose roll number was 8569 abused him and the Vice-Chancellor. It is also mentioned that they were abused by the invigilators as well. They felt humiliated. The Vice-Chancellor also visited these colleges on 7th May. 1986. He found examinees at both colleges indulging in mass copying and their behaviour was such that examination could not be conducted fairly. In C.M.P. College he found invigilators were outside rooms leaving examinees to do whatever they wanted. He found floor of rooms full of note-books chits and other material for copying and examinees talking among themselves. In A.D.C. he found same situation. When he contacted the centre superintendent he was informed that only three teachers had turned up for invigilation and it was not possible to conduct individual checking. These reports were placed before the examination committee which decided on 11th May, 1986 that the examination of LL.B., B.A., B.Sc. and B. Com. held at C.M.P. College on 23rd, 24th April, 25th April, 2nd May, 6th May and 8th May of evening shift should be cancelled. The examination held at A.D.C. centre on 23rd April, morning shift and 7th May evening shift was cancelled. It was further resolved that re-examination of all the cancelled examination shall be held when the conditions became conducive. In the month of June 1986 the University announced the days of re-examination and the venue was shifted from the degree college to the Senate Hall for law examinees and for B.A., B.Sc. and B.Com. to Muir Centre College. Against this petitioners approached this court.