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1986 Supreme(All) 136

IN THE HIGH COURT OF ALLAHABAD
R. M. SAHAI, K. P. SINGH
RAJIV RATNA SHUKLA - Appellant
Versus
UNIVERSITY OF ALLAHABAD - Respondents
C. M. W. P. 8514 Of 1986
Decided On : 07/18/1986

Advocates Appeared:
H.N.Shukla

The court held that the decision of the Examination Committee to cancel the examinations was based on material and was not arbitrary or illegal. The court also held that the principle of part quashed whole should fall was not applicable in the present case.

Headnote:

MASS COPYING - CANCELLATION OF EXAMINATIONS - LEGALITY - FAIRNESS - NATURAL JUSTICE - WRIT JURISDICTION - POWER OF COURT TO INTERFERE - INTERPRETATION OF STATUTE AND ORDINANCES - ROLE OF EXAMINATION COMMITTEE - DISTINCTION BETWEEN APRIL AND MAY EXAMINATIONS - PRINCIPLE OF PART QUASHED WHOLE SHOULD FALL - APPLICATION OF RATIO DECIDENDI.

Fact of the Case:

Mass copying was reported in examinations held at Chaudhary Mahadeo Prasad Degree College and Allahabad Degree College. The Examination Committee cancelled the examinations based on reports of the flying squad and statements of Centre Superintendents. Petitioners, students of the colleges, challenged the decision of the Examination Committee in writ petitions.

Finding of the Court:

The court found that the examinations were not conducted fairly due to mass copying and lack of effective checking at the gates. The court held that the decision of the Examination Committee was based on material and was not arbitrary or illegal. The court also held that the principle of part quashed whole should fall was not applicable in the present case.

Issues: 1. Whether the examinations were conducted fairly? 2. Whether the decision of the Examination Committee was based on material and was arbitrary or illegal? 3. Whether the principle of part quashed whole should fall was applicable in the present case?

Ratio Decidendi: 1. The court held that the examinations were not conducted fairly due to mass copying and lack of effective checking at the gates. The court relied on the reports of the flying squad and the statements of Centre Superintendents to conclude that the examinations were vitiated. 2. The court held that the decision of the Examination Committee was based on material and was not arbitrary or illegal. The court held that the Examination Committee had considered the reports of the flying squad and the statements of Centre Superintendents before taking the decision to cancel the examinations. 3. The court held that the principle of part quashed whole should fall was not applicable in the present case. The court held that the decision of the Examination Committee to cancel the examinations of girl candidates of A. D. C. was based on a different set of facts and circumstances and did not vitiate the decision of the Examination Committee to cancel the examinations of boys.

Final Decision: The court dismissed the writ petitions and upheld the decision of the Examination Committee to cancel the examinations.

( 1 ) STUDENTS of Chaudhary Mahadeo Prasad Degree College and Allahabad Degree College (hereinafter referred to as C. M. P. and A. D. College) affiliated to Allahabad University, have filed these petitions against decision of Examination Committee cancelling examinations held on various dates in the months of April and May 1986 in these colleges as the examinees indulged in mass copying. Although various submissions touching on legality of Examination Committee, lack of material for its decision, absence of any report of copying by invigilators or centre superintendents, were advanced by crux of the matter is, if the examinations which were held for fair and honest assessment of capability of the examinees to accumulate and retain knowledge stood vitiated because it turned into a farce due to resort to unfair means adopted by the examinees. Because if this decision of Examination Committee is correct then it would not be a fit case for interference in writ jurisdiction. Stress was laid by urging that part of examination having been held to be legal the remaining could not be permitted to be declared void and illegal. Absence of any inquiry and violation of principle of natural justice was also urged.

( 2 ) COPYING in examinations at times even aided by those who are entrusted with responsibility of supervising actuated with self interest of threat to life and security is rapidly becoming a part of deteriorating social order. Assault on invigilators resulting in death is common reading in newspapers in examination days. Unfortunately even the Universities and Degree Colleges the highest academic institutions could not remain immune from it. It is indeed painful. But such unfortunate developments are becoming part of the social system. How else could this petition and vociferous arguments by the learned counsel maligning the teachers, the Vice-Chancellor, the Examination Committee and Flying squad of the University could have been raised. Attempt was even made to justify conduct of the students, their misbehaviour, etc.


( 3 ) NO further need be said as the reexaminations having been postponed under orders granted by this Court the only option is to adjudicate upon if the decision of Examination Committee of mass copying is well founded. When flying Squad comprising of University teachers, etc. reached C. M. P. Degree College on 23rd April, 1986 at 7. 15 a. m. it found most of the examinees throwing books and answer slips outside examination hall. It detected 14 cases of unfair means and went to Allahabad Degree College where it found 16 students copying. It noticed several bags full of throw away material burnt down papers at both places. Therefore, it inferred that mass copying was done at both places. On next day, that is, 24th April, it again detected mass copying at C. M. P. College. Twelve students were caught red handed. The squad found better atmosphere in A. D. C. and detected only few isolated cases of copying. It found three students using unfair means. On 25th April, two students in C. M. P. College and four students in A. D. C. were found copying. It however, noticed mass copying in rooms Nos. 9, 63, 64 and 65 of C. M. P. College. These reports were examined by the Examination Committee on 24th April, 1986. It found that the Centre Superintendents of both the colleges admitted that large volume of unauthorised material found its way in the examination hall because there was no checking at the gate. The Superintendent of C. M. P. College expressed his helplessness as the teachers were not cooperating in the examination work. The Superintendent of A. D. C. did not complain non-co-operation of the teachers. But he felt difficulty because there were not sufficient number of teachers who could carry on both the jobs of checking at the gate and invigilation in the hall. The committee, however, resolved that the Vice-Chancellor, Pro Vice Chancellor. Dean of faculty and Head of Departments and Controller of Examinations will












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