ANUP BHATTACHARYA Vs. STATE OF ODISHA

JUDGEMENT

(1.) By this writ application the petitioners have challenged, inter alia, the notification dated 16.6.2016, vide Annexue-1, issued by the Member Secretary-cum-Controller of Examination, Odisha State Board of Pharmacy, opposite party No. 3, cancelling the result of D.Pharma Part-I and Part-II Examination 2015(II) of Seemanta Institute of Pharmaceutical Sciences, Jharpokharia, Mayurbhanj.

(2.) Shorn of unnecessary details, the case of the petitioners is that they were students of Diploma in Pharmacy. They prosecuted studies in the Institute of Pharmaceutical Sciences, Jaleswar in the district of Balasore. After completion of course, they appeared in the examination centre, namely, Seemanta Institute of Pharmaceutical Sciences, Jharpokharia, Mayurbhanj in the year 2015. The result of D.Pharma Examination 2015(II) was published on 18.3.2016, but then their results have been withheld. The Principal of the college sent an application on 3.4.2016 to know the result of the examination. The Member Secretary-cum-Controller of Examination, Odisha State Board of Pharmacy, opposite party No. 3 issued a notification cancelling the result of D.Pharma Part-I and Part-II Examination 2015 (II) of Seemanta Institute of Pharmaceutical Sciences, Jharpokharia, Mayurbhanj due to centre scratch as per the decision of the Government, vide Annexure-1. The said notification is impugned in this writ application.

(3.) Pursuant to issuance of notice, opposite parties 1 to 3 have entered appearance and filed counter affidavit. The sum and substance of the case of the opposite parties is that the examination in question i.e., D.Pharma Part-I and Part-II, 2015 Second Examination was conducted throughout the State simultaneously in twelve different examination centers including Seemanta Institute of Pharmaceutical Sciences, Jharpokharia. The petitioners, students of Institute of Pharmaceutical Sciences, Jaleswar along with the students of other institutions appeared at Part-I and Part-II D.Pharma Examination in the said centre. Before publication of the result of the examination, a complaint was received by the Drugs Controller, Odisha. Thereafter the Drugs Controller, Odisha in its letter dated 15.2.2016 instructed the Member Secretary, Odisha State Board of Pharmacy, Bhubaneswar to conduct an enquiry into the allegations. Accordingly, a committee under the Chairmanship of Professor S.K. Behera, O.S.D. Office of the D.M.E.T., Odisha was constituted to enquire into the veracity of the allegations. The enquiry committee reviewed the CCTV footage and submitted a report. The report of the enquiry committee was considered in the meeting held on 22.4.2016 presided over by D.M.E.T., Odisha, Bhubaneswar. It was unanimously resolved to constitute a sub-committee for micro analysis of the CCTV footage. The report of micro analysis dated 28.4.2016 was submitted to the D.M.E.T., Odisha. On perusal of the said report, it was found that there was large scale malpractice. The D.M.E.T. by its letter dated 7.5.2016 recommended for appropriate action. The Additional Secretary to Government in the Department of Health and Family Welfare in its letter dated 7.6.2016 directed the D.M.E.T. to take immediate follow up action against the Seemanta Institute of Pharmaceutical Sciences Centre, Jharpokharia, Mayurbhanj. A copy of the said letter was sent to opposite party No. 3 on 10.6.2016. In terms of the said letter, the impugned notification, vide Annexure-1 dated 16.6.2016 was issued. The decision to cancel the examination was taken after due enquiry and deliberation. The allegation of violation of principles of nature justice is misconceived inasmuch as the Center Superintendent and the Invigilators were examined by the enquiry committee. They had denied the allegations regarding irregularities notwithstanding video footage which clearly established their complicity. There was large scale irregularity in the conduct of the examination. Thus it was not possible to follow the principles of natural justice. Further steps had already been initiated to handover the matter for investigation to the Crime Branch. Opposite party No. 3 visited the centre only on 28.11.2015 during Part-II examination. There was no irregularity on 28.11.2015. Because of adoption of dubious methods, the sanctity of the examination process had been thrown to the wind and the entire exercise of conducting an examination had become farcical. It is further stated that in response to the notification, vide Annexure-1, reexamination had been conducted. Petitioner Nos. 1 and 2 appeared and failed in the said examination.