SUJATA MALLICK Vs. COUNCIL OF HIGHER SECONDARY EDUCATION

JUDGEMENT

(1.) The petitioners assail the order of cancellation of examination in subject M.I.L. (Oriya) (Regular and Ex-Regular) of Commerce stream held on 7-3-2001 and Political Science Paper-II (Regular) held on 7-3-2001 vide Annexures-8 and 9 respectively of Chitalo Mahavidyalaya Centre in the district of Jaipur.

(2.) The petitioners are students of +2 Arts and Commerce stream of Chitalo Mahavidyalaya who had appeared at the Annual Higher Secondary Examination 2001. The +2 Arts and Commerce Examinations were conducted as per the programme, a copy of which is Annexure-1 and according to the petitioners the Examination was conducted smoothly and strictly in accordance with the rules, being supervised by the Tahasildar and Additional Tahasildar of Jaipur, the teachers of the college having gone on strike due to call given by the All Orissa Non-Government Teachers' Association. It is asserted that the Examination centre in question had been supervised for 21 times by Central squad and Flying Squad including one Manoranjan Mohanty who was deputed by the Council and no adverse report had been submitted in respect of conduct of Examination in the centre. On 7-3-2001 M. I. L. (Oriya) (regular and Ex-Regular) examination of the commerce stream was held in the centre and the Central squad detected six malpractice cases and on 17-3-2001, when the Political Science Paper-II (Regular) Examination was conducted only one malpractice case was detected and the reports were forwarded to the Centre Superintendent and the Council. But by notification dated 22-6-2001 the Council of Higher Secondary Education, cancelled the Examination of the entire centre in respect of Political Science Paper-II Regular conducted on 17-3-2001 in the second sitting and M. I. L. (Oriya) commerce (Regular and Ex-Regular) conducted on 7-3-2001 in first sitting, copies whereof are Annexures-8 and 9. According to the petitioners, the centre having been supervised throughout the Examination for 21 times by different agencies deputed by the Council and there having been no adverse report with regard to the conduct of Examination, the cancellation of the centre in respect of these papers are illegal, arbitrary and without any basis. The petitioners allege that due to mala fide intention of the concerned authority in order to expect unlawful gains have passed such order over-looking the report of their own agencies even when no mass malpractice was ever adopted in the centre. Hence, the petitioners have approached for quashing the order of cancellation.

(3.) The petitioners have arrayed the Centre Superintendent and the Principal of the College as opp. parties 3 and 4 respectively and the Tahasildar, Jaipur as opp. party No. 5. Opp. Party No. 3 in his counter has stated that on 7-3-2001 in first and second sittings M. I. L. (Oriya) of Commerce stream for Regular and Ex-Regular and M. I. L. (Oriya) of Arts stream for Ex-Regular were conducted strictly in accordance with the Council Rules. The opp. party No. 3 along with the Central Squad and Flying Squad conducted individual checking in a routine manner. The Central Squad and Flying Squad of N. C. College, Jaipur had visited the centre and on checking found only six numbers of malpractice cases. On 17-3-2001 during the second sitting when Political Science Paper-II of +2 Arts stream was being conducted, he with the assistance of the Central squad and the Flying squad of N. C. College, Jaipur conducted thorough checking and found only one candidate with incriminating material which was reported. According to this opp. party the Examination in question was conducted in accordance with the Rules and there was no mass malpractice. Opp. party No. 4, the Principal-in-Charge of the college has filed a counter affidavit. But in paragraph-2 of the affidavit it is specifically stated that due to the teachers strike called by the All Orissa Non-Government College Teachers' Association he could not discharge his duties as principal in the Higher Secondary Examination, 2001, but was all along present in the station and he knows that the examination in question was conducted peacefully and strictly in accordance with Rules. In paragraph-8 thereof however, he has stated that the examination in question was conducted smoothly and strictly under the supervision of the Centre Superintendent as well as Central squad and Flying squad along with the Tahasildar and Additional Tahasildar which he ascertained from records of the College. In view of the specific stand that he was on strike along with other teachers and has not discharged his duties the averments and assertions made in the counter affidavit are of no consequence and, therefore, need no consideration.