Nooty. Ramamohana Rao, J. - (1.) THE petitioner herein sought for quashing the proceedings initiated in C.C. No. 27 of 2013 on the file of the Judicial Magistrate of First Class, Madhira Khammam District, where she is arrayed as Accused No. 2.
(2.) THE petitioner was working as a teacher, Zilla Parishad Secondary School at Tallada in Khammam District. On 29.03.2012 at Zilla Parishad High School Exam Centre, Tallada, where Secondary School Certificate (S.S.C) public examinations are conducted, in English subject Paper -I, the petitioner was posted to Room No. 6 as invigilator where several students were taking the same. The exam paper comprises of two parts, Part -A and Part -B. Part -A was distributed to the students at 09:30 A.M, while Part -B was distributed at about 09:45 AM. At about 11:45 AM, one Mr. Kothapalli Pavan Kalyan with Hall Ticket No. 1230121798 asked the petitioner herein, the invigilator to give him Part -B paper. Since, no spare copies were available, the petitioner could not give another copy to the said student Mr. Pavan Kalyan. On the other hand, the petitioner insisted that Part -B question paper which is already distributed must be traced out. It appears, she has also promptly informed about the mischief to Chief Superintendent of the exam centre. The investigation revealed that clandestinely question paper Part -B has been removed from the exam hall and it was passed on to Accused No. 1 for eventually facilitating in malpractice. However, the police after investigation, filed the charge -sheet. While the investigation appears to have helped the police to detect A -1, who is willing to commit the malpractice by answering the questions of Part -B for and on behalf of some other student. However, the only statement of allegation made against the petitioner herein reads as under: "..The accused A -2 was deputed to Room No. 6 as invigilator of the examination for that day but the A -2 has neglected in invigilation duty and gave scope to malpractice in the examination." The petitioner (A -2) along with A -1 is sought to be proceeded against under Section 8 of the Andhra Pradesh Public Examination (Prevention of Malpractice and Unfair Means) Act, 1997 (Act for short).
(3.) SECTION 5 of the Act reads as under: "Prevention of leakage by person entrusted with examination works: No person who is entrusted with any work pertaining to a public examination shall, except where he is permitted by virtue of his duties so to do, directly or indirectly divulge or cause to be divulged or make known to any other person any information or part thereof which has come to his knowledge by virtue of the work being so entrusted to him.";