RAMANI RANJAN DAS Vs. CONTROLLER OF EXAMINATIONS

JUDGEMENT

(1.) THE petitioners student of +2 Science Wing of H.N.S. Mahavidyalaya formerly known as Chandol College, have filed this writ application seeking for a direction to opp.party No.1, the Council of Higher Secondary Education to evaluate and award marks in Physics Paper -II of Annual Higher Secondary Examination, 2002.

(2.) THE brief facts of the petitioners case is that 56 students had appeared at the +2 Science Annual Higher Secondary Examination, 2002 conducted by the Council of Higher Secondary Education (hereinafter called 'the Council) from Chandol College, Chandol Centre. On publication of the results the petitioners to their surprise found 00 mark was awarded to the examinees in Physics Paper -II. It is alleged that the Physics Paper -II was conducted in the centre on 11.3.2002 in the first sitting. The central squad of the Council, supervised the centre, thoroughly checked the examinees, but could detect only 12 of them possessing incriminating materials and, therefore, those students were booked under mal practice. The answer scripts of such 12 examinees were sent to the Controller of Examinations, but the answer scripts in respect of rest of the examines were sent for evaluation to the Evaluation Zone. During the course of supervision by the Central squad, the Kendrapara College squad also reached the College and the members of that squad remained in the College till the examination was over. They have expressed satisfaction over the smooth conduct of examination. The Principal requested the Controller of Examinations to reconsider the results, since there was no indiscipline or outside interference during there examination. The contention is raised that since only 12 candidates were booked for mal practice, being in possession of some incriminating materials detected by the Central squad, the award of 00 marks and/or cancelling the examination in respect of others is illegal and without jurisdiction.

(3.) ONE Binaya Kumar Mohapatra (Opp.Party No.2) working as the Principal of the concerned College has filed an affidavit. The deponent has averred at paragraph -7 of the counter affidavit that the recovery of incriminating materials from 12 examinees by the Squad deputed by the Council is a matter of record. However, the visit of the second squad from the nodal Centre namely Kendrapara College has been denied. The Principal stated that after receipt of the examination results he addressed a letter dated 4.5.2002 to the opp.party No.1 indicating therein that there was no disturbance during the examination in Physics Paper -II and requesting the Controller to reconsider the matter since some innocent students who have no contribution, have unnecessarily become victims inasmuch as the image of the College as a whole is at stake. According to the deponent the Council was free to take action against the erring examinees from whom incriminating materials were recovered, but not all. In paragraph -14 of the counter affidavit, the Principal states that on the next day of the examination i.e. 12/13.3.2002 on behalf of the Principal, the in -charge Superintendent dispatched the answer scripts of 12 examinees booked in mal practice in a separate packet addressed to the Controller in accordance with the Rules.