MANAS RANJAN DASH Vs. COUNCIL OF HIGHER SECONDARY

JUDGEMENT

(1.) AN examinee goes to an examination hall with lots of expectations, aspirations, hopes and apprehensions. Assessment of knowledge of an examine being the primary object of an examination, apprehensions exist whether preparation is adequate. Examination is essentially the process of testing the knowledge or ability of pupils. Expectations, aspirations and hopes are linked with the result, which would chart out future of the examinee. That is how. an examination has a vital role in the life of a student. Unemployment problems in the country are going up alarmingly. Every student is under constant doubt whether after completion of studentship, he would be left guessing in the cross -roads of uncertainty, which course to adopt, seek a job or pursue higher studies.

(2.) ALL these writ applications contain a common grievance regarding improper evaluation in respect of answer papers of candidates who appeared at the concerned examination. Petitioners in each case was a candidate, and has made a grievance that the evaluation of answer papers is casual, improper with non -chalant, unconcern with consequences which flow from such evaluation. According to them, the Examiners appointed by the Council have awarded marks which are much below the actual marks which the candidate deserved on the basis of answers given. The number of writ applications filed shows massiveness of the problem. The Council has taken a stale plea that revaluation is not permissible, and the Court exercising power under Article 226 of the Constitution of India, 1950 (in short, 'the Constitution) should not go into the forbidden area of evaluation of answer scripts. it has been submitted that though there are some instances which have corns to surface in respect of evaluation of answer scripts, yet considering number of candidates who have appeared, the variations noticed are not so alarming as to warrant interference 'by this Court. Strong reliance is placed by the learned. counsel for Council on a decision of the apex Court in Council of Higher Secondary Education, Orissa and Ors. v. Yasodhara Padhi (Civil Appeal No. 1362 of 1990 disposed of on 28 -2 -1990).

(3.) ACCORDING to the Council all necessary steps in respect of aforesaid aspects have been taken. As observed by the apex Court in Maharashtra State Board of Secondary Higher Secondary Education and Anr v. Paritosh Bhupesh Kurmarseth, etc. etc.: AIR 1984 SC 1543, it is in the public interest that the result of Public Examinations when published should have some finality attached to them. If inspection, verification in the presence of the candidates end revaluation are to be allowed as of right, it may lead to gross and indefinite uncertainty, particularly in regard to the relative ranking etc. of the candidates, besides leading to utter confusion on account of the enormity of the labour and time involved in the process. The Court should be extremely reluctant to substitute its own views as to what is wise, prudent and proper in relation to academic matters in preference to those formulated by professional men possessing technical expertise and rich experience of actual day -to -day working of educational institutions and the departments controlling them. It would be wholly wrong for the Court to make a pedantic and purely idealistic approach to the problems of this nature, isolated from the actual realities and grass -root problems involved in the working of the system and unmindful of the consequences which would emanate if a purely idealistic view as opposed to a pragmatic one was to be propounded. In the above premises, it is to be considered how far the Council has assured a zero defect system of evaluation, or a system which is almost fool -proof.