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2011 Supreme(Chh) 160

2011(3) C.G.L.J. 547
HIGH COURT OF CHHATTISGARH, BILASPUR
Hon'ble Shri Satish K. Agnihotri, J.
Writ Petition (C) No. 491 of 2011
ATUL KUMAR GOYAL & OTHERS- Petitioners
Vs.
GURU GHASIDAS UNIVERSITY & OTHERS- Petitioner
Writ Petition (C) No. 958 of 2011
HARISH PATNAIK- Petitioners
Vs.
GURU GHASIDAS UNIVERSITY & OTHERS- Petitioner
Decided on 2-5-2011.

Advocates appeared:
Shri M.K. Sinha, Advocate, for the Petitioners.
Shri Ashish Shrivastava, Advocate, for the Respondent No.1 to 3.
Shri Satish Gupta, Government Advocate, for the State/ respondent No.4.

The court should not interfere with the opinion formed by the experts in the field unless malafide is alleged or contrary is established.

Headnote:

Cancellation - Examination Result - Regulation No. 11 - The court discussed the cancellation of the result of the subject Economics II paper of B.A. Part I under category 'C' of Regulation No. 11. The court highlighted the legal provisions and their interpretations, emphasizing the principle that the court should not interfere with the opinion formed by the experts in the field unless malafide is alleged or contrary is established.

Fact of the Case:

The petitioners challenged the cancellation of the result of B.A. Part I, Economics II paper, after being declared as 'pass'. The respondents alleged mass copying at the examination center and justified the cancellation.

Finding of the Court:

The court found that the cancellation of the result under category 'C' of Regulation No. 11 was just and proper based on the expert opinion of group copying, and dismissed the petitions. However, the petitioners were permitted to write a supplementary examination to avoid loss of year.

Issues: The issues revolved around the validity of the cancellation of the examination result, the alleged mass copying, and the petitioners' right to appear in the examination of B.A. Part II.

Ratio Decidendi: The court emphasized the principle that it should not interfere with the opinion formed by the experts in the field unless malafide is alleged or contrary is established, and applied this principle to dismiss the petitions.

Final Decision: The petitions were dismissed, but the petitioners were permitted to write a supplementary examination in the concerned subject to avoid loss of year.

ORDER

1. Since W.P. (C) No. 491 and 958 of201 I involve common facts and question of law, they are being disposed of by this common order.

2. Challenge in this petition is to the notification dated 01.01.2011 (Annexure P/I) whereby the result of the petitioners of B.A. Part I, Regular, (Economics) II paper, has been cancelled.

3. The brief facts, in nutshell, as projected by the petitioners are that the petitioners are the students of B.A. Part II pursuing their studies at Government Naveen Degree College, Gharghoda, District Raigarh. The petitioners participated in B.A. Part I examination for the academic session March-April, 20 10 and they were found successful which is evident from Marksheet of B.A. Part I (Annexure P/2). Thereafter, the petitioners were permitted to take admission in B.A. Part II in the respondent No.4-College and began their studies on regular basis. The petitioners have deposited admission fee etc. in the respondent No.4-College. The respondent-University issued a show cause notice (Annexure R/I -4 and Annexure P/4, respectively) asto why examination of the subject, Economics II paper of B.A. Part I, held on 12.04.20 I 0 may not be cancelled. Reply to the said notice was filed on 09.09.20 I 0 (Annexure PIS to W.P.(C) No. 958/2011) stating therein that they have prepared their answers on the basis of Ajay Mala series but there was no mass copying in the examination. Thereafter, the petitioners were directed to deposit the mark sheet of B.A. Part I, issued earlier. As a sequel, by notification dated 01.01.20 11 (Annexure P/I), the result of the subject Economics, II paper, of B.A. Part I, was declared as cancelled. Thus, this petition.

4. Shri M.K.Sinha, learned counsel appearing for the petitioners would submit that once the petitioners have been declared as 'pass', the cancellation of the result of B.A. Part I, Economics, II paper, is an afterthought and the same is illegal. Secondly, if there was any mass copying, the result of the entire examination ought to have been cancelled and not of only 18 students of examination centre no. 180 including the petitioners. There was no question of mass copying at all. Further, once the petitioners have taken admission 'in B.A. Part II and started attending classes regularly, the petitioners should not be deprived of appearance in the examination of B.A. Part II as the petitioners would further lose one year on account of illegal action on the part of the respondent authorities.

5. Per contra, Shri Ashish Shrivastava, learned counsel appearing for the respondent No. 1 to 3 would submit that the examination centre No. 68, Navin Ashashkiya Mahavidyalaya, Gharghoda was the examination centre for the students of the said college as well as for the students of examination centre No. 180. They appeared in the examination along with the students of examination centre No. 68. The students of examination centre No. 68 indulged into mass copying in the subject, Economics II paper of B.A. Part I for the academic session March-April, 2010. There fore, the action of the respondent-University to cancel the result of the subject, Economics II paper, of B.A.' Part I, of the examination 'centre No. 68, is just and proper. The candidates appearing at Ashashkiya Naveen Degree College, Gharghoda, were found having indulged in group copying. The Examination Suryerintendent of Examination Centre No. 68 sent a preliminary information to the Registrar (Confidential) of the respondent-University stating that prima facie, it appears that there was a group copying in the examination centre from Roll No. 90276 to 90302 and 987291 to 87400 vide communication dated 6.05.2010 (Annexure R/2). The said communication was forwarded to the Chairman, Board of Studies of Economics on 16.06.2010 (Annexure R/1-3). The Chairman, after examining all the papers came to the conclusion that there was a high probability of mass copying in the said paper by the above-stated candidates. Thereafter, a show cause not



















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