LAWS(MPH)-2003-5-11

BADRI VISHAL TIWARI Vs. SECRETARY NON COLLEGIATE EDUCATION

Decided On May 02, 2003
BADRI VISHAL TIWARI Appellant
V/S
SECRETARY, NON-COLLEGIATE EDUCATION Respondents

JUDGEMENT

(1.) The relief prayed by the petitioners in the instant writ petition is that their result of mathematics subject was illegally cancelled by the respondents on the ground of mass copying in the examination held on 4-4-2000 of class 8th.

(2.) Petitioners have come with the averment that there was no mass copying on the day on which examination of Mathematics was held and there was no report of mass copying of class 8th students in the subject of mathematics. Without there being any complaint to the said effect a decision was taken to cancel the examination and petitioners were granted supplementary They have appeared and passed with first class marks in the supplementary examination. However, a blot has been cast on the performance of the petitioner by cancelling their examination of Mathematics papers on the ground of mass copying.

(3.) A return has been filed by the respondents and an application for taking documents on record has also been filed on 1 -5 2003. In the return filed by respondents Nos. 1 and 2 and it is contended that there was mass copying. Report of Superintendent was received regarding the same, on the basis of that examination has been cancelled. Report R/ l dt. 28-3-2000 has been relied upon. A committee was constituted and the answer sheets were checked thoroughly. It was found that answers given by the students were similar. Committee took a decision of cancellation of Mathematics paper. Copy of the decision taken by the committee so constituted vide order dt. 17-5-2000 is R/3. Thus, the action is proper calls for no interference.