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Orissa High Court
G.K.MISRA,R.N.MISRA,B.K.RAY
Pramila Dei - Appellant
Versus
Secretary, Board of Secondary Education, Orissa, Cuttack - Respondent
Original Jur. Case No.715 of 1971
Decided On : 03/06/1972
NATURAL JUSTICE - MALPRACTICE - EDUCATIONAL INSTITUTION - ENQUIRY - PRINCIPLES OF NATURAL JUSTICE - EXTENT AND CONTENT OF ADEQUATE OPPORTUNITY TO EXAMINEE - SCOPE OF JUDICIAL REVIEW.
Fact of the Case:
The petitioner, a student, was accused of malpractice in an examination conducted by the Board of Secondary Education. The petitioner denied the charges and submitted an explanation. The Board, without conducting a personal hearing, cancelled the petitioner's result and debarred her from appearing in any examination prior to the supplementary H.S.C. Examination, 1972.
Finding of the Court:
The Court held that the proceeding against an examinee on a charge of malpractice is a quasi-judicial proceeding and the principles of natural justice must be followed in making the enquiry. The Court further held that the minimum requirements of the principle of natural justice are that the person accused would be informed about the accusations made against him together with the statement of the allegations on which they were based; he should get a reasonable opportunity of stating his own case by way of explanation to the charges; the Tribunal which would hold the enquiry would act in good faith; and while hearing the matter the Tribunal would give full opportunity to the delinquent to make his comments and criticisms upon the materials used against him.
Issues: 1. Whether the proceeding against an examinee on a charge of malpractice is a quasi-judicial proceeding? 2. What are the minimum requirements of the principle of natural justice that must be followed in making the enquiry?
Ratio Decidendi: 1. The Court held that the proceeding against an examinee on a charge of malpractice is a quasi-judicial proceeding as it affects the future of the examinee and might blast his career. 2. The Court held that the minimum requirements of the principle of natural justice that must be followed in making the enquiry are that the person accused would be informed about the accusations made against him together with the statement of the allegations on which they were based; he should get a reasonable opportunity of stating his own case by way of explanation to the charges; the Tribunal which would hold the enquiry would act in good faith; and while hearing the matter the Tribunal would give full opportunity to the delinquent to make his comments and criticisms upon the materials used against him.
Final Decision: The Court dismissed the writ petition filed by the petitioner.
Judgement
G. K. MISRA, C.J. :- The petitioner appeared in the Matriculation Examination at the Banki Bidapitha Centre, Banki, held by the Secretary, Board of Secondary Education (opposite party) on 16th to 20th of March, 1971. On 17-5-1971 the opposite party addressed the letter (Annexure 1) to the petitioner. For appreciation of the points in issue tile entire letter is extracted hereunder:-
"BOARD OF SECONDARY EDUCATION.
ORISSA, CUTTACK-1
No. Exam. (C)-1822/Dt. 17-5-71
H.S./71.
From
Shri P.C. Roy, M.A. (Com)
Secretary, Board of Secondary
Education,
Orissa, Cuttack-1
To
Smt. Pramila Dei, Roll No.M.7619
Daughter of Antaryami Rout,
Vill./P.O. Banki District - Cuttack.
It has been reported by the Centre Superintendent of B.K. Bidyapitha, Banki Centre, that you have adopted unfair means at the Annual High School Certificate Examination, 1971 in respect of Sanskrit - I paper on 17-3-1971. In this connection, I am directed to say that the following charges have been made against you.
(1) While the Annual High School Certificate Examination, 1971 was in progress at the above Centre, you were found in possession of a small piece of manuscript paper which you brought into the Examination Hall with evident intention of copying from it/them. You were warned before the commencement of the Examination not to bring any paper other than your Admit Card into the Examination Hall.
(2) You were found copying from it/them.
(3) You have never followed the instructions printed on the back side of your Admit Card in the Examination at all.
(4) x x x x x
(5) x x x x x
(6) You refused to give a written statement and your Admit Card to the Centre Superintendent when you were asked to do so.
In case you want a personal hearing in the matter, you are required to inform about it along with your explanation in writing so that the date and time of hearing will be communicated to you.
If you have anything to say, you are required to do so before 25-5-1971 positively as to why disciplinary action should not be taken against you.
If no reply is received from you by the above date in the office of the undersigned, it will be taken for granted that you have nothing to say in defence and the matter will be disposed of and orders passed ex parte.
Sd.
14-5-71
Secretary."
On 23-5-1971 the petitioner sent the reply (Annexure 2). The letter is extracted as follows:
"To
The secretary.
Board of Secondary Education.
Orissa, Cuttack.
Sub: Explanation called for in connection with annual H.S.C. Examination held in the month of March, 1971.
Ref: Your office letter No. Exam (C)-1822
_____________
H.S./71
dated 17-5-71.
Sir,
In inviting a reference to your letter on the subject cited above I am to report that I have never adopted unfair means at the Annual High School Certificate Examination of 1971 in respect of Sanskrit paper - I held on 17-3-1971, in the B.K. Bidyapitha Centre, Banki.
That I have never brought a single piece of paper other than my A
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