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2006 Supreme(Ori) 105

J.P.MISHRA, P.K.MOHANTY
KUMARI RANI SWATI MONALISA – Appellant
Versus
CHAIRMAN, COUNCIL OF HIGHER SECONDARY EDN. – Respondent


P. K. MOHANTY, J.

( 1 ) THE petitioner calls in question the decision of the Opp. Parties in cancelling the Mathematics Paper-II of 2 Science Annual Examination, 1999 held n Rajendra College, Bolangir Centre.

( 2 ) THE petitioner had appeared at the Annual Higher Secondary Examination (Science), 1999 from Rajendra College, Bolangir with Physics, Chemistry and Mathematics as optional subjects and Statistics as fourth optional subject. But the Mathematics Paper-II examination held on 30/3/1999 had been cancelled on the basis of the report of the Flying Squad for mass malpractice in the centre and the examinees were awarded "00" marks in that paper. According to the petitioner she had never adopted any malpractice nor violated any of the rules of examination inasmuch as there was no report against her for any infringement of examination rules as specified in the Admit Card, either by any Invigilator, Centre Superintendent or Examination Supervisors and, as such, in absence of any specific allegation against the petitioner, without affording an opportunity to know the allegations, the penalty is illegal and mala fide.

( 3 ) THE Opp. Party Council has filed a memo along with the reco



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