ORDER

15.1.2008 — Heard.

2. The Principal, Ghanteswar Mahavidyalaya, has filed this writ petition, inter alia, praying to quash the Notification dtd. 30th May, 2007 issued by the Council of Higher Secondary Educa¬tion, Orissa, cancelling the second sitting examination held on 12.3.2007 in the subject of Pol. Science-II (Regular, Ex-regular and Private) in respect of 60 examinees who were appearing in one hall. According to learned counsel for the petitioner, there was absolutely no reason for cancelling the examination and the order has been passed at the behest of some of the lecturers of nearby Colleges who had a grudge and were hostile against the petitioner college. It is further submitted that a very Sr. Lecturer of S.N. College, Rajkanika, was appointed as the Centre Superintendent to conduct the examination and he had submitted a report stating that the examination was conducted in the College smoothly and no untoward incident had occurred at any time.

3. On receiving Rule, a counter affidavit has been filed on behalf of opposite parties 1 to 3 and so also by opposite parties 6 to 7. In paragraph-2 of the counter affidavit, opposite parties 1 to 3 have averred as follows :

“The Flying Squad inspected the examination centre on 12.3.2007 at 2.45 P.M. while the 2nd sitting of the examination was going on in political science paper-II. The squad members reported that there was mass malpractice in the said examination. They have further reported that the Invigilator Dr. Radhapada Ghose, Lecturer in Sanskrit was dictating to the students by holding something to the candidates by holding printed and hand written manuscripts in the above manner the Invigilator were abettor to the mal practice. The Squad members felt that everything was going on as per the dictation through the Centre Supdt. And College Authority. Hence, they recommended to tag the college for further examination and not to make the same college as examination centre in future.”

4. Opposite parties 6 and 7 who were members of the squad have denied all the allegations levelled against them in the writ petition and have stated that the incriminating materials seized by the Squad were placed before the Chairman of the committee which has taken a decision on its own motion.

5. In course of hearing, learned counsel for the petition¬er reiterated his stand and submitted that the order of cancella¬tion of examination had absolutely no legs to stand and unless the same is quashed the academic career of 60 students would be jeopardized for no fault of theirs. It is further submitted that among 50 examinees there were some brilliant students with good academic career and due to the whimsical action of the Council they will be subjected to irreparable loss and insurmountable hardship. Learned counsel for opposite parties 1 to 3 however submitted that the incriminating materials collected by the Squad were placed before the committee and committee after considering the same have taken a decision to cancel the examination in question. The decision of the committee which is vested with power to conduct the examination fairly may not be interfered with by this Court.

6. I have heard learned counsel for the parties at length and perused the counter affidavit. Fact remains, on 12.3.2007 in course of examination squad members visited the petitioner’s college as would be evident from the averments made in paragraph-2 of the counter affidavit supra. The Squad reported that the Invigilator Dr. Radhapada Ghose, the Lecturer in Sanskrit was dictating answers to the students by holding printed and hand written materials and as such he was an abettor to the malprac¬tice. It is further stated in the affidavit that the Squad mem¬bers felt that everything was going on as per the dictation of the Centre Supdt. and the College Authority recommended not to make the college an examination centre in future.

7. Perusal of the averments made in paragraph-2 of the counter affidavit clearly reveal