KRISHAN GOPAL Vs. BOARD OF SCHOOL EDUCATION, J&K

JUDGEMENT

(1.) PETITIONERS secondary school examination of May -June 1993 (private) stands cancelled by the respondent -Board. Their grievance is that they have been condemned unheard and punished disproportionately.

(2.) PETITIONERS took examination under various roll numbers in centre 327. Nagri parole (Kathua). Their result was firstly withheld. They were subsequently placed under the "unfairmeans" category" for using unfairmeans in science and mathematics subjects" vide notification dated 4.10.1993 and were asked to remain present before the committee for scrutiny and disposal of unfairmeans on 13.10.1993 Their version is that when they appeared before the committee, they were asked to take an on the spot examination which they refused to do and instead asked for reasonable opportunity to prepare. The Board, however, turned down their request and proceeded to cancel the examination vide notification dated 16.10.1993.

(3.) THE Boardâ„¢s case is that since a computer analysis of the result of candidates of Nagri Parole centre, had shown exceptionally high percentage of marks ranging from 86% to 92% - obtained by the candidates in mathematics and science subjects, they were suspected of having resorted to unfairmeans. Proceeding on this premise the chairman of the Board accordingly directed the matter to be examined by the subject experts who confirmed the doubts in this regard. The candidates were accordingly placed under the Ëœunfairmeansâ„¢ category and asked to appear before the unfair means committee. It is submitted that only two candidates appeared before the committee while others created a row and bycotted the inquiry process leading to the cancellation of their entire examination.