Mohapatra, J. - (1.) Feeling concerned about the menace of mass copying in the examinations the Jammu and Kashmir State Board of School Education (for short 'the Board') made certain amendments to the existing regulations governing cancellation of examinations on account of mass copying outside interference or any other reason which vitiates the sanctity of examination. By the said amendment Regulations 66(a) and 66(b) were introduced which read as follows:"66(a) Notwithstanding anything contained in these regulations the Chairman may, on receipt of written report from Superintendent/s of any authorised State Government Officer or Officer/s of the Education Department, cancel any examination/s either partly or wholly for reasons to be recorded in writing whenever he is of the opinion that any examination conducted by the Board at any centre has been vitiated on account of mass copying by examinees or outside interference or any other reason which deprives examination/s of its sanctity. 66(b) The Chairman may also for reasons to be recorded in writing, cancel any examination/s either partly or wholly on the basis of any report or information from any source other than those mentioned above including any anonymous information in case he is satisfied that the sanctity of the examination/s has been adversely affected on account of mass copying by the examinees or outside interference at any examination/s centre/s for any other reason vitiating the process of conduct of examination/s. Provided that the Chairman shall before acting upon any such information received from any source under Clause 66-b above have the same verified by the subject experts/officers of the Board or any authorised Government Officer or Officer of the Education Department. The result of the examination/s of any such centre/s shall remain withheld pending verification of the above information (Clause 66-b) received by the Chairman and his final order thereon. Provided further that the cancellation of any examination/s under 66(a) and 66(b) shall not prevent the Board from initiating appropriate proceedings against any stu-dent/s who may be reported to have used unfair means by the concerned examination staff appointed at the centres. Provided also but subject to the foregoing proviso, the examinees of any such centre/s shall be allowed to appear in the subsequent Examination/s conducted by the Board, if otherwise eligible under rules".
(2.) The amending notification was issued by the Secretary of the Board in terms of the decision taken by the Board at its meeting held on 20-1-1993. Subsequently, the Chairman of the Board issued the notification dated 29-6-1993, cancelling the entire examination of Higher Secondary Part-II for regular candidates held in May-June session 1993 in the centres stated therein on account of mass copying and violation of sanctity of the examination. Being aggrieved by the said order of the Chairman some candidates who had appeared in the examination at the centres in question filed writ petition in the High Court of Jammu and Kashmir. The High Court by the common judgment rendered on 29-9-1994 allowed all the cases. The High Court struck down certain provisions of the Notification dated 27-1-1993; quashed the Notification dated 29-6-1993 and directed the Board to form a committee of experts who shall, after examining the answer scripts, verify as to whether or not the examinees of those centres reported to copying on large scale, with the further direction that the committee shall record their reasons for coming to the conclusions. This exercise, as directed by the High Court was to be undertaken within a period of forty five days from the date of the judgment. The High Court observed that for the purpose, the Board authorities can also utilise the services of experts outside the valley if they so choose. The High Court further ordered that the Board will after receiving the report from the expert committee take decision in the case. The Board was given liberty to formulate fresh rules on the subject; but while doing so the parameters laid down in the judgment be taken into consideration. In the judgment, the High Court issued certain precautions to be taken in particular to the following effect: "Delegation of power of verification should be made to Body of Experts which can well opinion on the correctness or otherwise of the report of mass copying received by the Board; B. The Board must make endeavour to limit their prospective sources of information with regard to mass copying to high ranking officers of high calibre; C. The machinery of flying squads should be evolved in such a manner so that they can control the supervision of the centres falling within their definite area; D. The power of cancellation of results should be vested in the Board. In the peculiar circumstances of the case, parties are left to bear their own costs."
(3.) The said judgment is under challenge in these appeals.;