BOARD OF SECONDARY EDUCATION, ORISSA Vs. GAYATRI HOTA

JUDGEMENT

(1.) THE Board of Secondary Education (hereinafter referred to as 'the Board') has preferred this Letters Patent Appeal, challenging the judgment dated December 6, 2000 passed by the learned Single Judge in O. J. C. No. 9210 of 2000, in exercise of powers conferred under Articles 226 and 227 of the Constitution of India.

(2.) RESPONDENTS 1 to 11, the students of Purohitpur High School in the district of Jagatsingbpur, filed the aforesaid writ application praying for quashing the Notification dated 12 9 2000 cancelling their results of Annual H. S. C. Examination, 2000 on the ground of malpractice. The said Notification is annexed as Annexure 4 to the writ application.

(3.) THE candidates (respondents) took a positive stand that they had not resorted to any malpractice or any unfairness in course of examination, inasmuch as no allegation of malpracticewas reported by the invigilartor, Centre Superintendent or Flying squad. No incriminating material whatsoever was seized or recovered from any of the respondents. In absence of such reports and materials, only on the allegation that the answers of some of the questions appeared to be identical, results could not have been cancelled and the decision is based on surmise and conjectures. It was also averred in the writ application that in the notice to show cause, there was no mention about the serial number of the questions or roll number of the examinees with whom the answers are found to be identical. Thus, the respondents were prevented from giving specific reply and were constrained to deny the allegations. No opportunity of adducing evidence or hearing was also accorded. Thus, there was gross violation of principles of Natural Justice.