JYOTI LONKAR Vs. MAHARASHTRA BOARD OF SECONDARY AND HIGHER SECONDARY CERTIFICATE EXAMINATION NAGPUR DIVISION NAGPUR

JUDGEMENT

(1.) This is a somewhat unusual matter. Not because the lis is between a teacher and a taught. We are by now used to this specie of litigation which even in the known past was very rare and far in between. It is often found that the result of examination is vitiated on account of unfair means adopted by the examinees. Unusualness of this matter lies in an examinee seeking to quash the result of her examination on account of motivated unfair assessment of her performance in a practical examination made by her teacher.

(2.) Modern educational system in all advanced countries increasingly attaches considerable importance to the practicals, underlined idea being to bring the students into direct personal contact with the tutor by forming smaller groups or otherwise so that personal attention can be given while coaching them and the education is more effective and the assessment of their merit can be made more real. With a view to encourage students to do continuous study throughout the course, one way is to officially allot some percentage of marks for such work by those who have opportunity to personally watch a student from a close range. To qualify for an examination certain amount of practical work is made compulsory. This record, which in many cases is called "journal", has to be maintained by the students. The journal is scrutinised by the concerned teachers from time to time, and those students who have completed the course of experiments in practicals as prescribed are issued a completion certificate. Sometimes even marks are allotted for the said journal. That way the percentage of marks allotted to the practical examinations is comparatively smaller, but even a fraction of mark matters specially at a higher level where there is tough competition for admission to certain coveted courses, such as Engineering, Medical, Business Management, etc. Students in general and meritorious students in particular appearing for such qualifying examinations leave no stone unturned to secure as high a place as is possible in the merit list. Practical examinations are conducted at institutional level and for that internal as well as external examiners are appointed. Internal examiner is from the Institution imparting education and the external examiner is from outside the Institution. By the very nature of the things the internal examiner knows the students better. Discretion of an examiner plays a decisive role in the assessment of performance of the students in the examination and it is almost unquestionable. The students, their guardians and so also the examiners all know this. There is all out effort to keep the teacher who is likely to be an examiner on the right side. After all he can even refuse or delay issuance of a certificate on completion of practical work. Some teachers exploit this situation. Conducting private coaching class by charging tuition fees is one such method. Such teachers expect the students to join the class. Some discerning students know the disadvantage of not joining the class and those who do not are made known generally in a discrete way and exceptionally in a crude way as was done in the instant case, if an examinee's version is to be believed.

(3.) Ku. Joyti Lonkar - the petitioner is that examinee. Shri K.D. Singh - the third respondent is that examiner. Joyti was a regular student of Bharat Junior College of Science, Hinganghat, District Wardha, studying in XII class in the academic session 1985-86. Singh was alone lecturer in Physics in the said college and invariably used to be appointed as an internal examiner for the XII standard practical examination in that subject conducted by the Maharashtra Board of Secondary and Higher Secondary Certificate Examination, Nagpur Division, Nagpur - the first respondent. Jyoti is a brilliant student. Her following record of performance in various examinations in the past speaks for itself :- (a) First in IX class examination conducted by the School with 80% marks in total. (b) First in the School in X class Examination conducted by the Board with 90% marks in Science group of subjects. (c) 85% marks in Science group of subjects in XI class examination conducted by the College. (d) First in the College in the test examination of XII class conducted by the College. In XII standard examination conducted by the Board, she secured the following marks in Science group of subject out of total 100 marks - 80 marks in theory plus 20 marks in practical :- Theory Practical Total Chemistry-73-20-9,3Biology-56-20-76, Physics-67-9-76