CENTRAL BOARD OF SECONDARY EDUCATION Vs. SUCHITRA PURKAIT

JUDGEMENT

(1.) The main question which arises for our consideration in this appeal is whether in a situation where any individual out of certain examinees who are alleged to have indulged into mass-copying in an examination could be picked out and exonerated from the allegation of mass-copying by relying upon certain claims advanced by such individuals that his/her school record and the method and manner in which the answer sheets were written and whether a satisfaction could be recorded that the action of the respondents cancelling the performance of that individual in Central Board of Secondary Education (CBSE) was illegal and erroneous.

(2.) It is well settled that in case of mass-copying an individual or two or even more cannot be set apart by holding that they were not involved in mass-copying. The father of the writ petitioner filed an additional affidavit dated 16-2-1997 alleging that, not 19 students as stated by the CBSE, but 54 students were accommodated in one examination hall for the X class CBSE examinations 1996. He further states that he personally enquired in Infant Jesus School and Nellore Central School, Nellore about the same, and he was informed that all the 25 students from the respondent's school namely Infant Jesus School, Nellore with Hall Ticket Nos.4106972 to 4106995 and 29 students from Little Angels High School. Gudur with Hall Ticket Nos.4106996 to 4107025 were accommodated in one examination hall in the premises of Nellore Central School, Nellore for appearing for the X class CBSE examinations, 1996 from 6-3-1996 to 19-3-1996. The writ petitioner's father, however, docs not disclose the name of the person from whom he collected these particulars. He also did not cause the affidavit of the alleged person who gave him this information to be filed.

(3.) G. Balasnrbramanian, Joint Secretary, Central Board of Secondary Education, Regional Office, Chennai filed a reply affidavit to the aforesaid additional affidavit. While admitting that the results of 19 candidates had been cancelled under unfair means case based on the reports of the Examiner/Head Examiner of the Board, which was brought to the notice of the Board for alleged mass-copying, stated in his affidavit that Nellore Central School was fixed as Examination Centre for conducting AISSE' 96 and the number of candidates who appeared for the centre were as follows : 1. Infant Jesus 25 Nos. 4106971 4106995 School 2. Nellore Central 42 Nos. 41069294106970 School 3. Litlle Angles 30Nos. 41069964107025 School