BALIA WOMENS COLLEGE Vs. COUNCIL OF HIGHER SECONDARY

JUDGEMENT

(1.) BALIA Women's College (hereinafter referred to as 'petitioner'), has prayed . for a direction to the Controller of Examinations Council of Higher SecondaryEducation! Orissa, Bhubaneswar ( -in short, 'Council') to publish results of its students who had appeared at the Annual Higher Secondary Education, 1996 and to, further ., declare the. . candidates to have passed in the said examination. GRIEVANCE of petitioner in a nutshell is as follows :

(2.) MR . S.C. Das, learned counsel for the Council submitted that general condition in the centre was disturbing and examination was not being conducted as per rules of the Council, and there was disturbance inside the hall. Malpractice was adopted inside the hall. Though four cases of malpractice were detected and reported by the flying squad, it was noticed that majority of students were involved in malpractice, invigilators were abettors to the malpractice and the Centre Superintendent could not prevent the same. The deficiencies noted by the flying squad are as follows :

(3.) According to Section 21 of the Orissa Higher Secondary Education Act, 1982 (in short, 'the Act'), the Council shall constitute different committees, and one such committee constituted is the Examination Committee. Regulations are framed .under Section 30 of the Act which inter alia deals with powers and duties of, the Committees specified, in Section 21. Regulation 77, of the Orissa Higher Secondary Education Regulations, 1982 (in short, 'the 'Regulations' ) deals with powers of The Examination Committee. Claused, (vii) thereof provides that the Examination Committee will consider, the cases of malpractice and award of, punishment to the candidates concerned.