Back
2020 Supreme(Pat) 524
IN THE HIGH COURT OF JUDICATURE AT PATNA
ANIL KUMAR SINHA, J.
Pankaj Kumar Singh and Others – Petitioners
Versus
The State of Bihar through the Principal Secretary and Others – Respondents
Civil Writ Jurisdiction Case Nos. 6139, 6768 of 2020
Decided On : 07-09-2020
Advocate Appeared:
For the Petitioners: Mr. Satyavrat Verma, Mr. Shashank Chandra, Mr. Shashank Shekhar, Mr. Y.V. Giri.
For the Respondents: Mr. Lalit Kishore, Mr. Gyan Shankar, Ms. Shilpa Singh, Mr. Manish Kumar.
For the Intervener : Mr. Dinu Kumar, Ms. Ritika Rani.
Headnote:
School Laws – Appointment – Of Primary, Secondary and Higher Secondary Teachers to various Gram Panchayats, Nagar Parishads and Municipal Corporation in State of Bihar – Cancellation of Secondary Teachers Eligibility Test - 2019 by Controller of Examination, Bihar School Examination Board on the ground of leakage of question papers, vandalism, disruption at various centres in examination and possibility of transmitting of question papers to other places through mobile phones and social media – Enquiry committee after looking at the issue at hand holistically has recommended for cancellation of both sittings of STET 2019 examination – It cannot be said with certainty that leaked question papers would remain confined to precinct of particular centre in this age of use of electronic media by a large number of population where a document can travel within a few seconds / minutes – It is also unthinkable to conceive that a leaked question paper would have remained confined to precinct of a particular centre – Court while exercising its jurisdiction under Article 226 of Constitution of India cannot sit in appeal upon the decision of administrative authority by going into sufficiency of evidence and/or by reappreciating the same – Purity of examination process, whether such examination pertains to assessment of academics accomplishment or suitability of candidates for employment under State is an unquestionable requirement of rationality of any examination process – State and its instrumentalities are obliged to take appropriate measures to maintain purity of examination process – In present case admittedly there are allegation of malpractices, leakage of question papers and other irregularities and four member enquiry committee upon consideration of materials and evidences produced before it has come to conclusion that process of examination has vitiated and has recommended for cancellation of same – No infirmity in order of cancellation – Writ applications dismissed. (Paras 28, 63, 65 to 70)
ORDER :
1. The above writ petitions have been taken up together with the consent of the parties inasmuch as identical facts and issues are involved in both the writ petitions.
2. I have heard learned counsel for the petitioners and respondents along with intervenors- petitioners on 04.09.2020 and the matter was fixed under the heading “For Orders” for today.
3. For the sake of brevity the relevant facts are being taken from the 1st writ petition being CWJC No. 6139 of 2020.
4. CWJC No. 6139 of 2020 has been filed by the petitioners for quashing of the order/notice as contained in Memo No. 151 dated 16.05.2020 issued by Respondent No. 4 i.e. Controller of Examination, Bihar School Examination Board whereby the Secondary Teachers Eligibility Test 2019 (for short “STET 2019”) held on 28.01.2020 has been cancelled. The same order/notice has been challenged in the 2nd writ petition being CWJC No. 6768 of 2020 which is annexed as Annexure-5 of the said writ petition.
5. The brief facts giving rise to the present two writ petitions are that large number of Teachers were required to be appointed within the state of Bihar, as such, the State Government delegated the power of appointment of Primary, Secondary and Higher Secondary Teachers to various Gram Panchayats, Nagar Parishads and Municipal Corporation in the State of Bihar. However, in order to ensure uniformity and that only efficient candidates are appointed on the said post, the State Govt. decided to conduct a common test through the Bihar School Examination Board (for short “BSEB”) for appointment of Primary Teachers which is Bihar Elementary Teachers Eligibility Test ( for short “BETET”). Likewise, for appointment of Secondary (10th level) and Higher Secondary (+2 level) Teachers similar kind of combined test which is Secondary Teachers Eligibility Test (for short “STET”) is conducted by the BSEB. It is made clear that on the basis of marks obtained in the BETET or in the STET, merit list is prepared and the candidates securing highest marks are appointed as Primary Teachers or as Secondary/ Higher Secondary Teachers.
6. The present writ petitions involve the dispute relating to STET examination held on 28.01.2020 which has been cancelled by the BSEB on the ground of leakage of question papers, vandalism, disruption at various centres in the said examination and possibility of transmitting of question papers to other places through mobile phones and social media etc.
7. The BSEB in the month of September, 2019 published Advertisement No. PR 373 of 2019 for holding STET 2019 for appointment of Teachers in Secondary as well as Higher Secondary Govt. Schools within the State of Bihar. According to the writ petitioners the petitioners are Graduate and have also passed B.Ed. examination and are eligible for appointment as Secondary Teacher. Annexure-1 to the writ petition is the advertisement issued by BSEB for appointment of Teachers. From perusal of Clause-3 of the Advertisement it would be evident that examination was to be held for 2 Papers and Paper-1 contained the subjects of Secondary Schools comprising of 7 subjects and Paper 2 was for Higher Secondary Schools which also comprised of 7 subjects. According to the writ petitioners they are eligible for appointment as Teachers and accordingly applied for appointment against the aforesaid Advertisement for both Secondary and Higher Secondary Schools.
8. The writ petitioners were issued Admit Cards for appearing in STET 2019 schedule to be held on 28.01.2020 and as per the examination schedule the examination for Paper 1 was scheduled in the 1st sitting starting from 10.00 A.M. to 12.30 P.M. and examination for Paper 2 was scheduled in the 2nd sitting starting from 2.00 P.M. to 4.30 P.M.
9. As per the instructions the examinees were specifically directed to reach the examination centre at least one hour before the commencement of examination and occupy their seat according to their seat plan. According to the writ petitioners at the ce
