SRI BISWARANJAN SETHI Vs. SRI JAGANNATH SANSKRIT BISWAVIDYALAYA

JUDGEMENT

(1.) The petitioners-24 in numbers have challenged the action of the Controller of Examinations, Shri Jagannath Sanskrit Viswavidyalaya, Puri, opposite party No. 1, in declaring their results of Upashastri Examination, 2012 as Malpractice.

(2.) The petitioners are the students of Dr. Harekrushna Mahatab Adarsha Sanskrit Mohavidyalaya, Cuttack, opposite party No. 3. After completion of their courses, they appeared the Upashastri Examination, 2012 commenced from 2nd March, 2012 and continued upto 13th March, 2012 from their College which had been declared as examination centre. It is contended by the petitioners that they have done well in the examination. The examination was concluded peacefully and they were expecting good results. Thereafter, the result was published on 15.5.2012 and to their utter surprise, they found that the entire centre from which the petitioners appeared the aforesaid examination was declared as cancelled in a specific paper, i.e., "Vyakarana" which was held on 12.3.2012 as malpractice. It is averred that the examination was conducted smoothly. Total 126 students, i.e., the students of opposite party No. 3-College as well as nearby college of Sundara Grama, appeared the aforesaid examination from the said centre. The squad members and observers visited the centre but at no point of time any incriminating material was ever seized from any of the students. Further, it was also contended that the decision of opposite party No. 2, in declaring their results as malpractice is illegal, arbitrary, whimsical and is violating the principle of natural justice. The petitioners have suffered due to such declaration of result even though they are no fault. Opposite party No. 2 though cancelled the result due to mass malpractice in the paper "Vyakarana" on 12.3.2012, however, tablation register reveals that the students of opposite party No. 3-College so far as History paper is concerned was also declared malpractice. The examination of the History paper was held on 6.3.2012 and the said fact was not notified on 15.5.2012 wherein it was declared that due to mass malpractice in the paper "Vyakarana", the said result was cancelled. In view of the above, the decision taken by opposite party No. 2, vide Annexure-3, is liable to be quashed. Accordingly, the petitioners have also prayed to declare their result of the aforesaid examination.

(3.) In support of his contention, learned counsel for the petitioner has relied upon the decision of this Court in the case of Governing Body, Jambeswar Mahavidyalaya, Balasore v. Council of Higher Secondary Education, Orissa and another reported in 2005 (2) OLR 518.