ORDER
S.K. Kartriar, J.
1. Heard Mr. Ram Bilas Mahto for the petitioner, learned JC to GP VIII, and Mr. Shashi Anugrah Narain for respondent No. 2 (Bihar Intermediate Education Council).
2. According to the writ petition, the petitioner appeared in the Intermediate Examination held in February 2003, and the results were published. The petitioner’s mark-sheet disclosed that she has scored nil marks in Physics Paper II. She had/therefore, applied for scrutiny of the answer-book which was acceded to, and the scrutiniser reported “No change”, which led to the present writ petition. The petitioner complains before this Court that she has done fairly well in Physics Paper II, as other papers which position is manifest from the mark-sheet. She, therefore, prays for re-evaluation of the answer book.
3. In view of the order of this Court, learned counsel for respondent No. 2 produced the answer-book of Physics Paper II on 13.4,2005 which indeed has shown that all the pages of the answer-book are blank. However, the handwriting on the cover page of the answer-book appeared to be different from her signature on the affidavit page of the present writ petition causing suspicion. Therefore, with consent of the parties, the petitioner was directed to appear before the Chairman of the respondent Council on the specified date, who was to give full hearing to the petitioner and it was open to her to be accompanied with her father and/or lawyer. The petitioner did appear before the Chairman of the respondent Council, who has submitted his report dated 20.4.2005 to this Court with a copy to the learned counsel for the petitioner. The same in its entirety is set out here below for the facility of quick reference :
REPORT
Miss Neha Kumari (Code 8401 Roll No. 10354) a student of G.D. College, Begusarai, appeared at the Intermediate Science Examination, 2003 at Cooperative College, Begusarai Centre. The result of Intermediate Science, 2003 was published on the 29th May, 2003 and the candidate secured the marks given below :
Roll Code - 8401 Roll No. -10354 RBH - 70 ENG- 67 + 70 = 137 PHY - 46 + 00 = 046 (Prac. 40) CHE- 51 + 45 = 096 (Prac. 40 Math - 63+ 62 = 125 ST - 12 (Prac. 58) Total : 594 Ist Div.
In Physics Paper-II the marks awarded to the candidate is Zero only whereas she secured 46 marks in Physics Paper-1. Seeing the over all performance of the Candidate, Zero Mark in Physics Paper-11 is not only improbable but creates suspicion also.
The candidate applied for scrutiny on the answer book of Physics Paper-II and in the scrutiny report, there was no change. By the time she moved to Hon’ble High Court, Patna for justice, all the answer books of the exam, 2003 were disposed off. The answer book of Physics Paper-II, stored due to scrutiny was produced before the Hon’ble High Court (CWJC No. 1345/2005).
After examining the case in details, the following facts came to light.
(a) The answer book of Physics Paper II of the candidate has been found completely blank. Thus the examiner was correct to award zero mark and the scrutinizer was also correct to report “No Chance.”
(b) In the attendance sheet the candidate's signature tallies with the signature on her examination form. (c) According to the attendance sheet the number of the answer book of Physics Paper II of the candidate is 0156359 but the answer book of Physics Paper II reported to be of the candidate bears the number 0156127. (d) All along the examination the candidate has used blue ink pen for signing and writing the attendance but black ink pen has been used for filling up the informations of the cover page of the present answer book of Physics Paper II. (e) The writing on the said answer book does not tally with the handwriting of the candidate. (f) In the column of Physics Paper II held on the 11th Feb. 2003 of the attendance sheet there appears to be rubbing and overwriting of the number of the answer book. Even this number does not tally with the number of the answer book as reported to be of the candidate.
To conclude with there is no doubt that her answer book has been replaced mischievously and that also at the examination centre, that is, Co-operative College, Begusarai. This is not only very unusual but criminal as well. At the first sight responsibility goes to the Centre Superintendent, Co-operative College, Begusarai. For the Bihar Intermediate Education Council, it is not possible to pin-point the culprit as the Superintendent of examination and other staffs of the College are not in the administrative control of Bihar Intermediate Education Council. The Council feels sorry for the inconvenience and mental agony, the candidate has to undergo for a period of almost two years for no fault of her as well as of Bihar Intermediate Education Council.
The Council feels that the candidate can be awarded the mark obtained by the Candidate in Physics Paper I. No doubt this relief to the candidate is just a cosmetic one.
Sd/- 20.4.2005 (Nageshwar
Pd. Sharma) Chairman”
4. The net result is that the Council is convinced that the petitioner’s answer book of Physics Paper II has been replaced by somebody else with ulterior motives. Taking into account the entire situation, the Council has decided to award 46 marks to the petitioner in Physics Paper II. The petitioner is satisfied with the same. Let the Council declare the petitioner’s result and issue the mark-sheet accordingly.
5. Before I part with this matter, I must record my feeling of pleasure and satisfaction over the manner in which the Chairman of the Bihar Intermediate Education Council has conducted the enquiry and shown fairness.
6. Cases of this nature are not unknown and are coming up before the Court. Reference may be made to the order dated 15.4.2005, passed in CWJC No. 8086 of 2000 (Alpana Sahay v. The State of Bihar and Ors.). Let copies of this order along with the said order in CWJC No. 8096 of 2000 be circulated to the Universities in Bihar and the Bihar School Examination Board for remedial measures. Hand over copies of the two orders to the following lawyers who usually appear for such academic bodies :
(1) Mr. Shivendra Kishore for the Chancellor of Universities (2) Mr. A.K. Choudhary, GP VIII for the Secretaries of the Departments of Higher & Secondary Education. (3) Mr. Syed Iqbal Ahmad for Patna University (4) Mr. Jaya Nandan Singh for Babasaheb Bhimrao Ambedkar Bihar University. (5) Mr. Subhash Chandra Jha for Tilka Manjhi Bhagalpur University (6) Mr. Yugal Kishore for Magadh University (7) Mr. Rama Kant Sharma or Mr. Rajesh Kumar for Lalit Narain Mithila University (8) Mr. T.N. Maitin for J P University, Chapra (9) Mr. Gyanand Roy for K S D Sanskrit University, Darbhanga. (10) Mr. Samrendra Pratap Singh for Veer Kuer Singh University, Ara (11) Mr. Hemendra Prasad Singh for B N Mandal University Madhepura. (12) Mr. Ramesh Kumar Dutta for Rajendra Agricultural University, and (13) Mr. J.P. Shukla or Mr. Gyanendra Shukla for Bihar School Examination Board. 7. This writ petition is accordingly allowed.