VINOD KUMAR PATHAK Vs. STATE OF M P

JUDGEMENT

(1.) INVOKING the extra-ordinary jurisdiction of this Court under Articles 226 and 227 of the Constitution of India the petitioner has prayed for issue of a writ of mandamus commanding the respondents to declare the results of the petitioner and further to declare him to have passed in the subject of English.

(2.) THE facts as have been unfolded arc that the petitioner was prosecuting his studies in Higher Secondary School, Hinauti, Distt. Rewa. He filled up his form for appearing in the Higher Secondary School Certificate Examination and admit card was issued for the said purpose. He appeared from the examination centre, namely, non-Government Degree College, Lalgaon, Centre No. 1. As averred in the writ petition the petitioner completed his examination and was hopeful for being successful. It is setforth in the petition that the petitioner's result was published in the newspaper as well as in the booklet and it was reflected therein that he had passed the examination in the first division. It is further put forth that he obtained the mark-sheet from the internet. As he intended to obtain admission he requested the Principal of the school for recommendation of his case for taking admission in the college. The Principal of the School vide Annexure P-3 recommended his case for admission indicating therein that he had not yet received the marksheet but the same has been reflected in the internet. On the basis of the aforesaid recommendation the petitioner took provisional admission in the Science College, Rewa. While the matter stood thus, on 9-9-2000 he received his mark-sheet which reflected that he had been awarded zero in the English Paper due to use of unfair means in the examination. Being dissatisfied he submitted a representation on 20-9-2000 to the Secretary of Board of Secondary Education to declare his correct result on the ground that he had not taken recourse to any unfair means during the examination period. The petitioner has also brought on record Annexure P-6 a certificate of the Centre Incharge of Non-Government Degree College No. 1, Lalgaon, Distt. Rewa which indicates that the petitioner was not involved in the mass-copying. With these averments the petitioner has prayed for the relief as has been indicated above.

(3.) A return has been filed by the respondent/board contending, inter alia, that the Board has constituted a number of committees which deal with all matters connected with declaration of the results. It is pleaded in the return that a report was received by the Board on 22-5-2000 from the valuation centre at Hoshangabad. In the said report it was mentioned that in 17 centres of the District of Rewa there were number of answer books where there were double handwriting, use of capital letters and the answer-sheets indicated that mass-copying has taken place in all these centres. Based on the confidential report from the evaluation centre the answer books of these centres were sent for scrutiny to the Result Committee even though results had already been published in the booklet. However, as the mark-sheet had not been sent they were withheld till the scrutiny in respect of the answer books was completed. On a scrutiny of the answer books, it was found in relation to centre No. 32095 from where the petitioner appeared, 24 students were engaged in mass-copying in the subject of General English. Being satisfied that there was mass-copying a decision was taken to award zero marks and the amended results were published.