CHAIRMAN JANDK STATE BOARD OF EDUCATION Vs. FEYAZ AHMED MALIK

JUDGEMENT

(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:

(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:

(3.) The said judgment is under challenge in these appeals.