RAMGOPAL BHADORIYA Vs. SECRETARY BOARD OF SECONDARY EDUCATION

JUDGEMENT

(1.) The factual matrix and the question of law involved being similar this batch of writ petitions was heard analogously and is disposed of by this common order. Ordinarily the facts of one of the case would have been adumbrated but to depict the clear picture a short narration of facts of each case is given below.

(2.) In Writ Petition No. 4820 of 1999 the petitioners as regular students of Narendra Singh Gaur Higher Secondary School Kormar appeared in Class XIIth examination for the year 1998-99 from the examination centre Government Higher Secondary School Chandera in the District of Tikamgarh. The Board of Secondary Education Madhya Pradesh declared the result of Class XIIth examination for the academic session 1998-99 in the month of June, 1999 and the petitioner received their respective mark-sheets on 9-8-1999 as a result of which they could not appear in the supplementary examination meant for class XIIth. After receipt of mark-sheet the petitioners sent their representations but their prayer had gone unheeded. According to the writ petitioners they have good academic career and they have done well in all the papers but in English subject they have been awarded zero marks. It is also averred that the examination at the centre was conducted in a fair manner and the petitioners were not involved in any kind of malpractice yet petitioners have been awarded zero marks for no justifiable reason. Allegations have been made that the answer books have not been properly valued. With the aforesaid averments prayer has been made to requisition the answer books of the petitioners and direct for fresh valuation.

(3.) A reply has been filed by the answering respondent No.1/ Borad of Secondary Education contending, inter alia, that a complaint was made on 6-3-1999 by the Deputy Director of Education, Tikamgarh informing the Board that Deputy Collector, Tikamgarh had made a surprise inspection in examination centres No. 21032 and 21044 on 4-3-1999 and 5-3-1999 and on the basis of that inspection he had lodged a complaint that there was mass-copying at the centres. On the basis of the aforesaid complaint Board instructed Valuation Officer to value the answer papers on proper scrutiny. On a scrutiny of the answer papers it was found that the answer copies reflected mass copying. Thereafter, the matter was put up before the Result Committee for appropriate action. It is set forth in the return that the Result Committee after careful scrutiny of the documents on record and after scrutinising the answer papers arrived at the conclusion that there was mass copying and the result of the students involved in the mass copying should not be declared. Further they came to hold that the students engaged in mass copying should be awarded zero marks in certain subjects. Out of 450 students 260 students were found to have been involved in mass copying for which they have been awarded zero marks in English.