CHANDAN KUMAR DEY Vs. CONTROLLER OF EXAMINATIONS

JUDGEMENT

(1.) THE petitioner calls in question the decision of the opp party Utkal University in cancelling the result in Paper VI of M. A. (English) Examination, 1999 for Non Collegiate private candidates conducted in Rural Institute of Higher Studies, Bhograi centre.

(2.) THE petitioner's case in brief is that he appeared at the M. A. Examination in English as a private Non Collegiate candidate under Utkal University in the year 1998 and had only passed in three papers out of eight for which he repeated the rest five papers in the next examination of the year 1999 and took the examination in the Rural Institute of Higher Studies, Bh'ograi centre. The petitioner asserts that when the results were published, he found that the marks he secured in Paper VI in the year 1998 have been reflected in his mark sheet and on enquiry learnt that the result in paper VI of the 1999 examination was not taken into account since it was cancelled because of mass malpractice in the centre. The petitioner said to have made a representation, but received no response from the University. Hence the present writ application.

(3.) IN order to satisfy ourselves, we called for the report of the Supervisors deputed for over seeing the conduct of examination in the concerned centre and Sri Patri, learned counsel for the University has produced the same for our perusal. The report reveals and it has been specifically mentioned in the report that the Invigilators were not in motion and were sitting or standing and watching the observers. Notes etc. were found in the verandah and the holes of the walls. In the prescribed proforma of report at Clause E with regard to observance of Examination Rules :