KUMARI RANI SWATI MONALISA Vs. CHAIRMAN

JUDGEMENT

(1.) THE petitioner calls in question the decision of the opposite parties in cancelling the Mathematics Paper -II of +2 Science Annual Examination, 1999 held in Rajendra College, Bolangir Centre.

(2.) THE petitioner had appeared at the Annual Higher Secondary Examination (Science), 1999 from Rajendra College, Bolangir with Physics, Chemistry and Mathematics as optional subjects and Statistics as fourth optional subject. But the Mathematics Paper -II examination held on 30.3.1999 had been cancelled on the basis of the report of the Flying Squad for mass malpractice in the centre and the examinees were awarded "00" marks in that paper. According to the petitioner she had never adopted any malpractice nor violated any of the rules of examination inasmuch as there was no report against her for any infringement of examination rules as specified in the Admit Card, either by any Invigilator, Centre Superintendent or Examination Supervisors and, as such, in absence of any specific allegation against the petitioner, without affording an opportunity to know the allegations, the penalty is illegal and mala fide.

(3.) THE report of the Flying Squad consisting of two lecturers, one from U.G.S. College, Sakhigopal and the other from P.N. College, Khurda has been placed for consideration of this Court. It is distressing to note the contents of the report. The report discloses that the Flying Squad visited Rajendra College,Bolangir on 30.9.1999 at 10.45 AM. On entering the examination halls, the members of the Flying Squad found that they were walking on the carpets of incriminating materials. Fresh materials were only adding to their thickness. The candidates were freely exchanging materials among them, talking, throwing materials onto the floor or to the veranda, seeking clarification from each other, outsiders rushing in with Xerox answer sheets were but the order of the day. The candidates, comfortably huddling together instead of two in a bench, were bold enough to put the materials on their desks and copying down from there. There was incessant rain of materials; not from the top to the bottom, but beneath the roof, from any direction to all directions and vice -versa like skud missiles, they hit their destination with nicety. Neither the invilators tried to silence the candidates nor there was any clarity among them. None of the invigilators offered his least effort to prevent anything. They all appeared to be dubious, blind to what was going on before them. Apparently callous and indifferent, some of them stood near the candidates either telling out the answers or indulging in gossips. The candidates had been left to themselves and there was not a single one who resisted the temptation of resorting to mal practice. According to the Flying Squad, foul was the game and foul was the atmosphere. The Flying Squad felt helpless because to try to take out materials from one and all would be an exercise in futility. It further reveals that the invigilators were very much panic, expressed their helplessness and requested the Squad to cancel the examination in toto. The report narrates in detail the atmosphere that prevailed in and outside examination halls in the centre. The Squad recommended for cancellation of the said paper in the centre.