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1988 Supreme(Ori) 150

K.P.MOHAPATRA, A.K.PADHI
CHANDAN – Appellant
Versus
COUNCIL OF HIGHER SECONDARY EDUCATION – Respondent


Advocates Appeared:
J.P.MISHRA, R.K.MOHAPATRA

K. P. MOHAPATRA, J.

( 1 ) IN these two cases, common questions of law and fact are involved. Therefore, with the consent of learned counsel appearing for the parties, they were heard together to be governed by this common judgment.

( 2 ) THE petitioners in both the cases challenge cancellation of the examinations and scratching of answer papers in English (Paper I), Economics (Paper II ) and Physics (Papers I and II) of the Second Arts and Science Examinations, 1987 of the Council of Higher Secondary Education, Orissa, conducted at the Panchayat College Centre, Bargarh, in Sambalpur district.

( 3 ) THE facts in brief may be narrated. Petitioner Santanu, an Arts student of the Panchayat College, Bargarh, appeared in English and Economics at the Second Arts Examination, 1987 of the Council of Higher Secondary Education. As he was sick, he was permitted by the Professor in-charge of the Examination to sit for the examination in English papers in the sick room. But for some reason or other, he took the examination in Economics (Paper II ) in the class room along with other examinees. Petitioner Chandan, a student of the same college appeared in English (Paper I) and Physics (Papers






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