K SANTHA KUMARI Vs. KRISHNADAVE RAYA UNIVERSITY

JUDGEMENT

(1.) Whether the sterio type and verbatim answers in the answer scripts of the students would constitute malpractice/ unfair means is the issue that calls for consideration in these Writ Petitioner. Since the common questions are involved in all these cases, they are decided jointly.

(2.) The petitioners are the students of B.Sc., Final Year degree. They studied the degree course at S.J.S. Degree College, Kurnool affiliated to Sri Krishnadeva Raya University, Ananthapur, the 1st respondent herein. The college imparts the course in English and Telugu medium. The petitioners herein belong to both the media. The Final Year B.Sc., Degree examinations were held from 18-4-1996 and Examination Centre in respect of the petitioners was fixed in (heir own College i.e. S.J.S. Degree College for Women, Kurnool. All the petitioners wrote the examinations and the results were announced in the newspaper on 4-7-1996. They were declared passed. However, when they went to the College for taking the memo of marks, it was intimated that some cases of malpractice were pending against them and therefore no certificates would be issued to them. While so, on 29-8-1996, a memo was issued stating that they had indulged in malpractices of mass copying Part-IJ, Paper-111 Botany Section C and they were called upon to show cause as to why they should not be debarred from the examinations. It is the case of the petitioners that they never indulged in any nialprctices. There was no check by any Flying Squad or Invigilators during the time when they wrote the examinations. It is also their case that they were not furnished with the copy of the report of the Examiner along with the show cause notice and therefore they were not in a position to submit effective explanation. It is further submitted that they appeared for M.Sc. Enterance Examinations and some of them are also seeking admission to B.Ed., Course. Therefore, they prayed for appropriate directions to the University to release the memo of marks and other relevant documents to enable them to prosecute higher studies.

(3.) In the counters filed on behalf of the University, it is stated that the petitioners had appeared for B.Sc., Final Year examination with B.Z.C., group. The answer scripts were sent to the Examiners for spot valuation and the Examiner found that the answer scripts of the petitioners in Section 'C' of Part II Paper III of Botany Question Paper, all the answers were found to be in-the same order and verbatim. Therefore, the Examiner made a report to the concerned authority and it was verified by the Chief Examiner. It was recommended to withhold the result of the candidates. It was suspected that the petitioners had resorted to mass copying as all the answers either in Telugu or English language written by the petitioners in Part II, Paper III Botany Section C were in a stcrio type manner. Therefore, a show cause notice was isused by a Memo dated: 29-8-1996. The explanation submitted by the petitioners were placed before the Committee of the Mal practices. The Committee which met on 19-9- ' ' 1996 once again examined the scripts of the petitioners both in respect of Telugu and English medium candidates and sound that all . the scripts were of a sterio typ,. and word to word in Section C of Part II, Paper HI Botany. Therefore, the Committee has awarded the punishment - result of the examination cancelled. The candidates are not permitted to appear for April, 1997 Examination and permitted to appear for October, 1997 Examination. The said punishment was awarded in pursuance of the norms of the punishment approved by the Syndicate dated 12-12-1987. the said pro ceedings were communicated to the Peti tioners. However, it is stated that in respect of one show cause notice there was a typogra phical mistake instead of Section 'C' Paper III Botany, it was written as Section IV of Zoology.