Court No. - 39 Case :- WRIT - C No. - 18782 of 2010 Petitioner :- C/M, Kisan Janta Krishi Sah Shiksha Inter College & Ors. Respondent :- State Of U.P. Thru. Secr. Dept. Of Secondary Educ. & Ors. Petitioner Counsel :- Arun Kr. Mishra,Ashok Khare Respondent Counsel :- C.S.C. Hon'ble Dilip Gupta,J.
Committee of Management of Kisan Janta Krishi Sah Shiksha
Inter College, Aurauli, Aligarh and the Committee of R.B.S. Inter
College, Atrauli, Aligarh have filed this petition for quashing the
decision taken by the Board of High School and Intermediate
Education (hereinafter referred to as the ‘Board’) to cancel the
Intermediate Examination of three papers held on 16th March,
2010 namely Physics Paper-I, Vyaparik Sangathan Paper-I and
Jantu Vigyan on the ground of mass-copying.
On 9th April, 2010, the Court on the basis of the instructions given
by the learned Standing Counsel and the report placed before the
Court, passed the following interim order:-
“A perusal of the said report indicates that the inspecting team
visited the College just before the examinations were to come to
an end and on examination of the answer books of some of the
candidates, it was found that the answers were similar. An
inference has, therefore, been drawn that the answers had been
dictated and so mass-copying had taken place in the Institution.
The report does not mention as to how many answer books were
examined in such a short time. If there were similarity in answers
of some students, it can, at best, be a case of individual use of
unfair means. From the report it cannot be said that the students
had resorted to mass-copying.
Prima facie the decision taken by the Board to cancel the
examination and hold re-examination does not appear to be
justified. The students of the petitioner-Institutions shall,
therefore, not be compelled to appear at the re-examination
scheduled to be held on 13th April, 2010.
Learned Standing Counsel appearing for the respondents may file
counter affidavit within a period of three weeks. Rejoinder
affidavit, if any, may be filed within a week thereafter.
List this petition in the week commencing 17th May, 2010.”
A counter affidavit has now been filed and in the counter affidavit
the same report dated 16th March, 2010 has been relied upon.
As noticed hereinabove, the report merely mentions that on
examination of answer books of some of the candidates, it was
found that the answers were similar. It does not mention as to
which answer books were examined and nor does it mention how
many answer books were examined. The report does not make out
a case of mass copying.
In such circumstances, the decision taken by the Board to cancel
the examination because of use of mass copying cannot be
sustained. It is, accordingly, set aside. The Board shall now declare
the result within three weeks.
The petition is allowed.
Order Date :- 7.7.2010
NSC