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2009 Supreme(Ori) 590

M.M.DAS
JYOTIPRAKASH ROUT – Appellant
Versus
STATE OF ORISSA – Respondent


JUDGMENT :

M.M. Das, J. - Heard Mr. Budhadev Routray, learned Counsel for the Petitioner, Mr. B. Dash, learned Counsel for the State and Mr. Mohapatra, learned Counsel for the Board of Secondary Education, Orissa.

2. The Petitioners along with others totalling to 220 students appeared in the Annual High School Certificate Examination, 2008 from 29RC Bainsia Anchalika High School Centre at Dhenkanal. On 28.03.2008, they appeared in the third Language Paper, i.e., Sanskrit/ Hindi from the said center. When the result was published on 25.06.2008, the Petitioners found that their results were not declared. When they received their mark-sheets, they found that they have been awarded 'O' marks on the ground of mass mal-practice. It has been pleaded by the learned Counsel that the career of innocent students like the Petitioners has been marred. It has been further stated in the writ application that there was absolutely no ground on the part of the opposite parties to come to the conclusion that there was mass mal-practice by the candidates on the date when they appeared in the Third Language Paper.

3. The opposite party No. 2 has filed counter affidavit, inter alia, stating that the Specia













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