INDIRA GANDHI MAHILA Vs. COUNCIL OF HIGHER SECONDARY

JUDGEMENT

(1.) IN the three writ petitions, the petitioners challenge the notification dated 30.5.2006 issued by the Council of Higher Secondary Education, Orissa cancelling the examination in Psychology Paper -I of the +2 Arts Examination, 2006 held on 9.3.2006 in Indira Gandhi Mahila Mahavidyalaya, Jajpur Road and as such common question of fact and law being involved, on the prayer and consent of the learned Counsel for the parties, they were taken up together and ere disposed of by this common order.

(2.) PETITIONERS in W.P.(C) No. 9682 of 2006 are the Governing Body of Indira Gandhi Mahila Mahavidyalaya and its Principal whereas in W.P.(C)Nos. 9465 and 10170 of 2006 some of the examinees are the writ petitioners.

(3.) THE opposite party -Council has filed a counter affidavit denying the allegations and averments made in the writ applications. It is the specific case of the Council that the examination held in the second sitting of 9.3.2006 was not conducted in accordance with the rules as reported by the Flying Squad. It is further submitted that according to the report when the members of the Flying Squad entered into the compound of the college, the students threw away the incriminating materials but in spite of that during personal search 12 students were found to be in possession of incriminating materials. A detailed report has been submitted. The Principal who was the Centre Superintendent was sitting in her office away from the examination halls and the invigilators were not doing their duties properly in the examination halls. It is the further case of the Council that when the Members of the Flying Squad entered into the rooms, they heard murmuring sounds from inside the halls where the invigilators were silent spectators and were very inactive in conducting the examination in a fair way. All the while they could observe that the invigilators were gossiping or sitting idle in examination halls. Some of the students threw away the incriminating materials outside but the Squad managed to find 12 cases of malpractice from the centre. According to the report the Centre Superintendent agreed that she had not participated in the gate checking. The Flying Squad was of the view that no precautionary measures were taken to prevent practice of unfair means during the examination and, as such, they recommended for cancellation of the examination. The Examination Committee after consideration of all relevant facts and the report of the Flying Squad came to the conclusion that the atmosphere in the said centre was not at all conducive for a fair examination and, as such, it took the decision for cancelling the examination in Psychology Paper -I of the petitioners' college as majority of the students were involved in malpractice during the said examination.