JHILLY MALLICK Vs. BOARD OF SECONDARY EDUCATION

JUDGEMENT

(1.) THIS common judgment shall abide the result in all the above noted writ applications filed by 11 Students of Government Girls High School, Madhapur, Cuttack, challenging to the Notification of the opposite party No. 2 made on behalf of opposite party No. 1 on 22.5.1999, vide Notification No. 3800 (Exam. Conf.) Annexure -3 by declaring inter alia cancellation of the Mathematics Paper -II (MTG) with respect to 225 Students of that Centre on the ground of mass mal practice.

(2.) IT is the case of each of the petitioners that they were appearing in the Annual H.S.C. Examination held in March, 1999 and 20 Girls from their School i.e., Government Girls High School, Madhapur were amongst the other Students of different High Schools appearing in that Examination Centre at L.N. Bidyapitha, Arakhpatna. Each of them have claimed to be meritorious Student and victim of wrong decision of Controller of Examination in scratching their papers for the Mathematics (MTG) by awarding 'O' mark and as a result of that each of them have failed in that examination. Petitioners have claimed illegality in the action of the opposite party on the ground of non -affording opportunity of personal hearing and taking such decision, in the absence of any adverse, report relating to mass mal practice either from the Centre Superintendent, Invigilators or Members of Special Squad. They have also claimed to treat their cases by following the 'Hard Case Rule' and to declare them pass.

(3.) THERE is nothing on record to dispute or to controvert to the aforesaid counter of the opposite party.