MADHUSMITA JENA Vs. COUNCIL OF HIGHER SECONDARY

JUDGEMENT

(1.) THE petitioners call in question the decision of the Council in cancelling English Paper -II, Political Science Paper -I and Economics Paper -I of Annual CHSE Examination held in the year 1997 and in awarding 00 marks in those papers.

(2.) THE opposite party -Council has filed a counter affidavit. According to the Council, when English Paper -II was being conducted in Panchayat College of Science and Technology, Gengutia Centre during the second sitting of 19.3.199.7, the Flying Squad visited the centre and detected that some employees were collecting incriminating materials from the examinees, which they noticed from the gate. One case of the individual malpractice was detected and reported. The report of the Flying Squad disclosed that the College had no space and the examinees were sitting in Veranda very close to each other and engaged in talking. A large number of incriminating materials were collected, by the Squad and the general condition inside the examination hall was quite disturbing. The Squad was of the view that the examination in English Paper -II was not conducted as per the examination rules. So far as the examination held in Political Science Paper -I on 21.3.1997 and Economics Paper -I held on 11.4.1997, it is stated that the examination was cancelled since the Flying Squad reported that those examinations were not conducted in accordance with the rules and instructions of the Council. The Examination Committee of the Council, on consideration of the said materials, decided to cancel the same, the examination having not been conducted as per rules and the norms prescribed by the Council.

(3.) A perusal of the report of the Flying Squad dated 19.3.1997 indicates that when the Flying Squad was waiting outside the gate for the peon to open the lock, they noticed that some employees were collecting incriminating materials from the examinees. But only one such case of malpractice was reported. The College has no space and examinees are sitting in Veranda very close to each other. It has also been reported that a large number of incriminating materials were collected. The report does not specifically spell out as to whether or not a vast majority of examinees were adopting mal practice nor does it disclose the place from where the incriminating materials were collected by the members of the Squad. According to report, the Squad strongly felt that the examination was not conducted as per rules. A suspicion, however strong it may be cannot take the place of proof and justify cancellation unless the suspicion is based on observations made by its members and circumstances prevailing at the relevant point of time when the Flying Squad was present at the centre. The report, in our considered opinion, does not justify extreme step of cancellation of the examination on the ground of mass malpractice. The examining authorities like the Council while deciding the extreme action of cancelling the examination of whole lot of students should be conscious that they are cancelling the entire examination and there may be some brilliant and good students, who were not adopting malpractice. The examining authority is required to be fully satisfied that the examinees were indiscriminately resorting to mass malpractice and the examination in the centre was not conducted in accordance with the rules prescribed by the Council. In such view of the matter, we quash the decision of Council in cancelling the examination in English Paper -II of +2 (Arts) Regular held on 19.3.1997 of Panchayat College of Science and Technology, Gengutia Centre.