MAMATA MAHARATHI Vs. COUNCIL OF HIGHER SECONDARY EDUCATION

JUDGEMENT

(1.) These two writ applications involve common question of law and were, therefore, heard together and are being disposed of by this common judgment.

(2.) Petitioners in O.J.C. No. 6109 of 1992 had appeared at the Annual Higher Secondary Examination of 1992 from Sarala Mahavidyalaya Centre. While the results were declared, the Controller of Examinations having notified all students from the said Centre to have failed as the Chairman of the Council has cancelled the Examination of English Papers-I and II and M.I.L. and it has further been indicated in the said notification that no re-examination would be conducted in those examination papers and zero mark will be awarded, they have approached this Court. The said notification of the Council of Higher Secondary Education, Orissa, dated 27th of June, 1992, has been annexed as Annexure-1. Petitioners in O.J.C. No. 6199 of 1992 had appeared at the Annual Higher Secondary Examination of 1992 from Cuttack College, Nayabazar, Centre and by the self-same notification dated 27th of June, 1992, issued by the Council of Higher Secondary Education, the results in respect of students appearing from the Centre having been cancelled in respect of Political Science Paper-I, Economics, Paper-II and Biology Paper-II and it has further been indicated in the said notification that no re-examination would be conducted in those examination papers and zero mark will be awarded, they have approached this Court. The said notification dated 27th of June, 1992, has been annexed to the writ petition as Annexure-1. The main stand of the petitioners in both the writ applications is that without following the principles of natural justice and without giving any show cause, the results of the students have been cancelled, which is illegal and invalid and should be set aside by this Court.

(3.) The Council of Higher Secondary Education through its Deputy Controller of Examinations has filed a counter-affidavit indicating therein that in course of the conduct of examination, the Flying Squad visited the different centres and in respect of the centres from which the petitioners in both the writ applications had appeared submitted reports stating therein that the students had involved themselves in mass malpractice and in consideration of the said reports of the Flying Squad, the appropriate authority has taken the decision to cancel the results and to award zero mark and not to hold the examination in question afresh.