LAWS(ORI)-2006-4-6

SARBESWAR PARIDA Vs. CHAIRMAN HIGHER SECONDARY EDUCATION

Decided On April 27, 2006
SARBESWAR PARIDA Appellant
V/S
CHAIRMAN, HIGHER SECONDARY EDUCATION, ORISSA Respondents

JUDGEMENT

(1.) At the very outset it is necessary to mention that as the Court was going to be closed due to the Winter Vacations, it was not possible to deliver the reasoned order due to paucity of time. This Court having heard learned counsel for the parties delivered the operative part of the judgment as under indicating that the reasons to follow :

(2.) The detailed judgment and the reasons on the basis of which we have arrived at the above conclusion on 22-12-2005 are as under :- The petitioner who was Secretary of the General Body of Maa Kutam Chandi College, Debidol, Dist. Jagatsinghpur has sought to challenge the action of the opposite parties in scratching the answer scripts of History Paper-II (Regular) of Annual Higher Secondary Examination, 2005 for + 2 Arts in respect of the petitioner-college.

(3.) Annual Higher Secondary Examination, 2005 for + 2 Arts commenced on 2nd March, 2005. The petitioner-College namely Maa Kutam Chandi College, Debidol, Dist. Jagatsinghpur was the examination center for regular candidates. The examination in respect of History Paper-II (Regular) was held on 12-3-2005 in the second sitting i.e. from 2 p.m. to 5 p.m. under the supervision of the Centre Superintendent and the Observer deputed for the examination. On that day the Central Flying Squad deployed by the Council of Higher Secondary Education, Orissa visited the centre at 3.45 p.m. and found some incriminating materials in the possession of one student namely Sri Satyabrata Nayak, bearing Roll No. 122CB 110. One Mr. Niranjan Biswal, Lecturer in Commerce, S.V.M. College, Jagatsinghpur who was deputed as Observer, reached at the premises of the examination centre at 12.45 p.m. It was within his duties to ensure that proper gate checking is done before allowing the candidates to enter into the Examination Hall. The Principal of the institution was appointed as Centre Superintendent by the Council who was an officer remaining in charge of conducting the examination smoothly.