IMTIYAZ AHMAD GANAI Vs. STATE OF J&K

JUDGEMENT

(1.) PETITIONERS are aggrieved of the cancellation of the examination for Social Science subject in Bi -Annual Examination Matriculation (2003) by the Chairman, Jammu and Kashmir State Board of School Education, Srinagar on account of mass copying by the examinees at the said examination centres and allegedly violated the sensitivity of examination. It is stated that the petitioners were shown as "re -appear" against the respective Roll numbers in the result gazette, Annexure -A to the petition, whereas the marks sheet provided to them after the declaration of the result has shown the paper in which the petitioners have appeared as "cancelled". It is further submitted that the petitioners were shocked to learn that in spite of having fared well, they have been shown "re -appear" in the said paper in result gazette without its being published in advance in the newspaper which amounts to arbitrary action by the respondents and thus petitioners seek quashment of the result of the petitioners both in result gazette and the marks sheet issued in this behalf by issuance of writ in the nature of certiorari and further commanding the respondents to re -evaluate the paper in Social Science in which they have appeared by writ of mandamus by invoking the jurisdiction of the court under Art. 226 of the Constitution.

(2.) THE stand of the respondents in their objections filed to the writ petition is that the Chairman has been authorized by the relevant Statutes of the Board to take such actions in order to curb evil of mass copying in the examination centres. It is further stated that the Chairman received the reports that the examinees of the Centre No. 370 resorted to mass copying in Social Science Paper during the course of Bi -Annual Matriculation examination (2003). The reports received were got verified by the experts and the Officers and found that the pass percentage of the centre was very high as compared to other centres. It was after the Chairman was satisfied about mass copying in the examination center and in order to maintain the sensitivity of the examination that cancelled the examination of Social Science paper in the said examination Centre. This was done without further imposing penalty on the examinees. Further submission of the respondents is that the result gazette is meant only to show whether candidate has failed, passed or has to re -appear in a particular paper(s) and the other details are given only in the marks card. When the examination is cancelled, it is reflected in the marks card. Whereas the result gazette only depicts the result of the candidate after cancellation of the examination if shown "re -appear", "failed" is only on cancellation of the examination. Further stand of the respondents is that since the petitioners were found indulging in mass copying and only examination was cancelled without imposing any penalty, no notice was required to be given or opportunity provided of being heard. The opportunity of hearing can be given only when the punishment is imposed and not otherwise.

(3.) IT is undisputably gatherable from the stand of the respondents that the examination was cancelled on the reports received by the Chairman which subsequently were verified by the experts who found the pass percentage of the center very high as compered to other centres. It is not in dispute that the Chairman of the Board as empowered under the Statutes to take action in case of mass copying and cancelled the examination of the center in a particular paper in which the mass copying is reported and later on verified by the experts. The Statutes, empowering the Chairman, having not been challenged by the respondents, would govern the subject matter. In the face of this material, there is no justification that the Court to interfere with the decision taken by the Board to treat the examination "as cancelled" in order to maintain the sensitivity of the examination. It is unfortunate that the student community resorts to such methods to succeed in examinations and then some of them come forward to contend that innocent students become victims of such misbehaviour of their companions. That cannot be helped. In such situation the Board is left with no option but to cancel the examination. It is extremely difficult for the Board to identify the innocent students from those indulging in malpractices. Board being expert body comprising persons experienced in the field education and being concerned with maintaining higher standard of education and proper conduct of examinations. Court normally would not interfere with the decision or action of the Board or its authorities unless there is error in compliance with the rules, regulations or notifications and manifest injustice perpetrated on the candidates. Interference in educational matters in the decisions of the expert body resulting in the cancellation of the examination on account of mass copying does not envisage judicial review. The action of the Chairman of the Board being well within the Statute would manifestly exclude arbitrariness and ensure fairness in such circumstances. No fundamental, statutory or legally enforceable right of the petitioners can be said to have been violated. The Board or its Chairman, while taking a decision in compliance of the Statutes for cancellation of the examination of the center on account of mass copying, is not required to adhere to the principles of natural justice and affording opportunity to the petitioners of being heard in absence of imposition of any punishment or penalty on them. The petitioners, therefore, have not succeeded in carving out a prima facie case of violation of any right fundamental or statutory to main the writ petition.