CUTTACK: The Orissa High Court has set aside a Single Judge Bench order in the case of an examinee whose results were cancelled after incriminating materials were seized from his possession during the annual HSC Examination in 2012.
The division bench headed by Acting Chief Justice Sanju Panda allowed an appeal which the Board of Secondary Education (BSE), Odisha had filed challenging the Single Judge Bench order.
The examinee had challenged the cancellation of his results stating that the paper slip which was stated to have been seized from his possession had no reference to Science Paper-II which he was writing during the visit of squad members.
On November 3, 2016, the Single Judge Bench had issued the order remitting the case back to BSE’s examination committee for a fresh decision.
In its appeal, BSE contended that if the order of Single Judge Bench is allowed to be carried out by the Board, then it will create indiscipline and chaos in the examination hall as each examinee will take a plea that the material they are carrying do not relate to the examination related subject.
In its order on February 13, the division bench observed, Adopting unauthorised means or methods for the purpose of obtaining a desired test score should be dealt with strictly otherwise it would create obstacle in the progress of good students.
It will also create indiscipline in the examination hall in as much as the examinees would be at liberty to carry on the incriminating materials violating rules of exam.
“We are of the view that the impugned order passed by the Single Judge remitting the matter to the Examination Committee of the Board for a fresh decision is not sustainable in the eye of law”, the division bench ruled.