GOVERNING BODY Vs. VICE CHANCELLOR

JUDGEMENT

(1.) Since common questions of law and fact are involved in these writ petitions, they were heard together and are being disposed of by this common judgment.

(2.) In W.P.(C) No. 7848 of 2012, the petitioner-institution challenges the decision/Notification dated 19.08.2010 (Annexure-3) of the Controller of Examinations, Shri Jagannath Sanskrit Visvavidyalaya, Shri Vihar, Puri-opposite party No. 2 in canceling the result of the students of the petitioner-institution both in Upashastri and Shastri Examination, 2010 in respect of one paper in each streams, i.e. Paper-6th (Shastriya Optional-Darsan) of Upashastri (New Course) Examination, Paper-8th (Shastriya Optional Sahitya) in Pre-Degree and Paper-20th (M.I.L. (Oriya) Final Degree of Shastri Examination on the allegation of malpractice with a prayer to quash the notification under Annexure-3 with a direction to the opp. party No. 2 to publish the result of the students of the aforesaid institution on those papers. In W.P.(C) No. 10852 of 2012, the petitioner-institution has challenged decision/notification dated 15.5.2012 (Annexure-4) of the Controller of Examinations, Shri Jagannath Sanskrit Visvavidyalaya, Shri Vihar, Puri-opposite party No. 2 in cancelling the result of the students of the petitioner-institution in respect of 4th Paper i.e. Sastriya Optional Vyakarana of Upashastri Examination, 2012 on the allegation of mass malpractice with a prayer to quash the notification under Annexure-4 with a direction to the opp. party No. 2 to publish the result of the students of the aforesaid institution. In W.P.(C) No. 11380 of 2012, the petitioner-institution has challenged decision/notification dated 15.5.2012 (Annexure-4) of the Controller of Examinations, Shri Jagannath Sanskrit Visvavidyalaya, Shri Vihar, Puri-opposite party No. 2 in cancelling the result of the students of the petitioner-institution in respect of 7th Paper i.e. Modern Optional, History of Upashastri Examination, 2012 on the allegation of mass malpractice with a prayer to quash the notification under Annexure-4 with a direction to the opp. party No. 2 to publish the result of the students of the aforesaid institution. In W.P.(C) No. 11410 of 2012, the petitioner institution has challenged decision/notification dated 15.5.2012 (Annexure-4) of the Controller of Examinations, Shri Jagannath Sanskrit Visvavidyalaya, Shri Vihar, Puri-opposite party No. 2 in cancelling the result of the students of the petitioner-institution in respect of 3rd Paper i.e. English of Upashastri Examination, 2012 on the allegation of malpractice with a prayer to quash the notification under Annexure-4 with a direction to the opp. party No. 2 to publish the result of the students of the aforesaid institution.

(3.) On the overall general allegation made in all the writ petitions, W.P.(C) No. 7848 of 2012 is.taken up as a leading case. The petitioner-institution is a recognized institution and affiliated with Shree Jagannath Sanskrit, Visvavidyalaya, Shri Vihar, Puri in respect of Upashastri and Shastri Courses. Accordingly, the petitioner-institution was tagged with Mahapurusa Hadidas College, Chhatia in the district of Jajpur along with 8 other Sanskrit Colleges for Examination, 2010 and the said College was declared as Examination Centre. As per the schedule, the examination was conducted peacefully to the best satisfaction of the authorities in presence of the local police. There was neither any mass copying nor the case of copying by vast majority of candidates. While the matter stood thus, on 19th August, 20'10 the result of Upashastri Examination was declared provisionally with a stipulation that result published are purely provisional and subject to modification after post publication scrutiny if any mistake/discrepancy detected should however be brought to the notice of the Controller of Examinations within 30 days from the date of publication of result through the respective Principal by furnishing all details for necessary verification. Accordingly, since the result of the students of petitioner-institution in above papers were cancelled with report of mal-practice, the petitioners enquired about it and ascertained that the Observer has submitted a report alleging mal-practice. Thereafter, the petitioner-institution applied for copy of the said report of the Observer under R.T.I. Act. But the University did not supply the report. The petitioners also ascertained from the Centre Superintendent that out of 800 students, 9 students were reported to be involved in mass mal-practice. However, nothing has been seized from the other students in any manner. The petitioner-institution also approached the Vice Chancellor of the University as well as Minister, Higher Education Department at different times and requested them for publication of the results of the students as the report of the Observer was concocted, motivated and unwarranted, in view of the report of the Centre Superintendent. Despite the request of the petitioner-institution, the opposite parties have not taken any step. In the meantime, the petitioner-institution has made also several representations. However, since the opposite parties have not taken any action, the petitioner-institution filed the present writ petition. It is further stated that the cancellation of result of the students of the petitioner-institution, of Upashastri and Shastri Examination, 2010 is in violation of natural justice. Accordingly, the same need be interfered with.