HARPREET KAUR Vs. PUNJAB SCHOOL EDUCATION BOARD, MOHALI

JUDGEMENT

(1.) What is challenged in this petition under Article 226 of the Constitution is the order of the Chairman of the Punjab School Education Board (for short, the Board) dated March 23, 1994 whereby he cancelled the examination of the 12th class in the paper of Physics held on 18.3.1994 at Malwa College, Bondli examination had been violated as a consequence of unfair assistance rendered to the examinees at that centre.

(2.) Petitioners took 10 plus 2 examination (Science Group) conducted by the Board in March, 1994. The centre of their examination was Malwa College, Bondli (Samrala) District Ludhiana. As per the date sheet, the examination commenced on 17.3.1994 and the last paper was on 6.4.1994. The examination in the paper of Physics was held on 18.3.1994. While the examination was going on, Mr. Buta Ram, Assistant Secretary of the Board inspected the centre at Malwa College, Bondli on 18.3.1994 at 11.00 a.m. and he remained there till 11.50 a.m. In his report given in the prescribed proforma, he found no case of copying and in the column pertaining to 'overall report about centre' his comments were ''Centre is O.K. But the instructions given be complied with.'' It appears that he also submitted a detailed report to the Board on the same day regarding the conduct of the examination held on March 18, 1994 at the aforesaid centre. In this report, he stated that on search of the candidates no incriminating material was found because prior to him the District Education Officer had already inspected the centre. He further stated in his report that the centre had four candidates of Government Senior Secondary School, Katani, one candidate of Government Senior Secondary School, Samrala, besides one more private candidate in spite of the fact that these candidates had been allotted centre at Government Senior Secondary School, Samrala. He also noticed on his arrival at the centre that one lecturer of the College who had a chalk in his hand had come out of the centre and from this, he inferred that efforts had been made to seek the help of this lecturer in solving the questions for the candidates at this centre. On verification he also found that a candidate having roll number 65065 was taking her examination at the centre although no roll number had been issued to her by the school and that she was the daughter of the Principal of the College at Bondli. The Assistant Secretary is said to have issued instructions to the Centre Superintendent not to allow the candidates to take the remaining papers at this centre and that they be directed to take the examinations at the centres allotted to them. On the basis of his inspection of the examination centre on 18.3.1994, he recommended that Physics paper held at Malwa College, Bondli on 18.3.1994 be cancelled and all the science students of Malwa College, Bondli be shifted from this College. The Chairman of the Board after going through the report of Shri Buta Ram felt satisfied that the sanctity of the examination had been violated as a consequence of unfair assistance rendered to the examinees or the examinees themselves resorted to mass copying during the examination of 12th class in the paper of Physics held on 18.3.1994 at Malwa College, Bondli. While exercising his powers under Chapter VI of the Punjab School Education Board General Regulations of Examinations read with Regulation 28 of the Punjab School Education Board (Penalties for Misconduct and Use of Unfair Means in the Matriculation and Higher Secondary Examinations) Regulations, 1979, the Chairman by his order dated 23.3.1994 cancelled the examination in the paper of Physics held on 18.3.1994 at the aforesaid centre and ordered re-examination in that paper as per schedule issued separately. In pursuance of this order, the petitioners received a communication dated April 26, 1994 informing them about the said order. They were also informed that they had to appear again in the examination in the subject of Physics on 13.5.1994 at a different centre at Ludhiana. It is this communication as also the order passed by the Chairman on 23.3.1994 that have been impugned in this petition.

(3.) At the outset it may be mentioned that the learned counsel appearing for the Board pointed out that the examination centre at Malwa College, Bondli was inspected by the Flying Squad of the Board on 18.3.1994 and it found grave irregularities committed by the examinees which violated the sanctity of the examination and the Flying Squad submitted its detailed report to the Board on the basis of which the Chairman passed the impugned order dated 23.3.1994. He further submitted that that report is not available on the records of the Board and all that is available is the report of the Assistant Secretary of the Board who inspected the examination centre on 18.3.1994. However, in the written statement filed on behalf of the Board reliance has been placed only on the report of Shri Buta Ram, Assistant Secretary. Since no report of the Flying Squad has been produced in Court nor any reference has been made to it in the written statement, the Court cannot take notice of the same.