AI Drafter 
TaxTMI 
TaxTMI 
2000 (1) TMI 1015
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....any examination conducted by the Board at any center has been vitiated on account of mass copying by examinees or outside interference or any other reason which deprives examination/s of its sanctity. 66(b) The Chairman may also for reasons to be recorded in writing, cancel any examination/s either partly or wholly on the basis of any report or information from any source other than those mentioned above including any anonymous information in case he is satisfied that the sanctity of the examination/s has been adversely affected on account of mass copying by the examinees or outside interference at any examination/s centers for any other reason vitiating the process of conduct of examination/s. Provided that the Chairman shall before acting upon any such information received from any source under Clause 66-b above have the same verified by the subject experts/officers of the Board or any authorised Government Officer or Officer of the Education Department. The result of the examination/s of any such centers shall remain withheld pending verification of the above information (Clause 66-b) received by the Chairman and his final order thereo....
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....erification should be made to Body of Experts which can well opinion on the correctness or otherwise of the report of mass copying received by the Board; B. The Board must make endeavour to limit their prospective sources of information with regard to mass copying to high ranking officers of high calibre; C. The machinery of flying squads should be evolved in such a manner so that they can control the supervision of the centers falling within their definite area; D. The power of cancellation of results should be vested in the Board. In the peculiar circumstances of the case, parties are left to bear their own costs. 3. The said judgment is under challenge in these appeals. 4. From the impugned judgment it appears that the High Court considering the case of both the parties, formulated eight questions: 1. Does the Notification dated January 27, 1993 suffer from being violative of Article 14 of the Indian Constitution ? 2. Does the Notification arm the Board with powers which are arbitrary in nature ? 3. Does the Notification ....
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....; (d) Clause (V) of the Definition Chapter of the notification from Sub-clauses (c) to (e) is struck down as the same makes the notification inconsistent and vague. 6. The High Court held that the notification was ultra vires of Article 14 of Constitution of India and the Jammu and Kashmir Board of School Education Act, 1975 (Act No. XXVIII of 1975J (for short 'the Act'), since under the notification power of cancellation of examination is delegated to the Chairman whereas the Act makes this power exercisable by the Board and secondly, that the notification does not make any provision for verification of a report by subject experts when the same is received in terms of Clause 66(a) and therefore, it is arbitrary in nature. Another infirmity pointed out by the High Court in its judgment is that the first proviso to the notification is invalid to the extent that it authorised a Government Officer to verify the report received by the Chairman. It appears that the High Court found it difficult: to reconcile that a Tehsildar, a Sub-Divisional Magistrate, a Police Officer, Additional Deputy Commissioner or Deputy Commissioner should verify the fact whet....
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....one lady and one male officer, from among Principals, Headmasters and Headmistresses of teaching institutions of the State. 10. From the provision it is clear that the Board consists of men from different walks of life, rich in experiences in the field of education in the State. 11. Under Section 10 of the Act are enumerated the powers and functions of the Board. Some of the provisions of the section are noted below: (ii) to conduct public examinations for persons who have pursued the secondary school and higher secondary (school graduation) school education courses; (iii) to publish the results of examinations conducted by the Board; (ix) to admit candidates to the examinations of the Board under the conditions laid down by the Regulations; (xvii) to take such measures as the Board may think necessary to raise the standard of the education in the State and advise the Government on matters of policy relating to elementary, secondary and higher secondary education; (xviii) to frame regulations for carrying out its purposes; (xxi) to appoint commit....
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....rescribed or provided by regulations. 16. On a fair reading of the relevant provisions of the Act as noted above, the position is manifest that the Board is constituted to advise the State Government in policy matters relating to education and also to regulate establishment of educational institutions and to ensure proper functioning of such institutions. The Board is also vested with the power to conduct examinations for awarding certificates and diplomas to successful candidates. Power is vested in the Board under the Act to ensure proper conduct of examinations. Under the provisions of the Act, Board is vested with power to constitute committees for different purposes, to delegate any of its (Board) functions in favour of the committee and also to delegate any of its functions in favour of any officer of the Board. If the Board in its wisdom considered it advisable to delegate the power to take action in the matter of mass copying at any examination center in favour of its Chairman no exception can be taken to it on the ground of want of power. In that case the Chairman acts as a delegate of the Board. Any action taken or order passed by the Chairman on the strength of the de....
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.... Ratna Shukla v. University of Allahabad AIR1987All208 made the following observations (paras 6, 7 and 9 of AIR): Even otherwise the Statute and ordinances provide for an authority known as Examination Committee to look into and decide such matter. As the examination committee after looking into the report was satisfied that the examinations were not conducted fairly it would be unfair for this Court to interfere in writ jurisdiction. It need not be mentioned that a finding recorded by a Tribunal administrative or quasi judicial, body is a finding of fact if it is based on consideration of evidence howsoever meagre and insufficient it may be. The report of the flying squad coupled with the statement of center Superintendent was available with the examination committees. Even if another committee or this Court on the same material could have come to a different conclusion it could not furnish ground for interference. This Court cannot substitute its opinion for the opinion of committee. It could quash the order only if it finds that it was based on no material or the committee ignored some material which is considered could have resulted in a different co....
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....has even issued directions what some of the provisions of the Rules should be. From the discussions in the impugned judgment it is clear that the High Court has taken up on itself the task of finding out a scheme to tackle the problem of mass malpractice in examination. In our considered view the approach of the High Court in the matter is erroneous and this has vitiated the judgment. In matters concerning campus discipline of educational institutions and conduct of examinations the duty is primarily vested in the authorities in-charge of the institutions. In such matters Court should not try to substitute its own views in place of the concerned authorities nor thrust its views on them. That is not to say that the Court cannot at all interfere with the decisions of the authorities in such matters. The Court has undoubtedly the power to intervene to correct any error in complying with the provisions of the Rules, Regulations or Notifications and to remedy any manifest injustice being perpetrated on the candidates. In judging the validity a notification containing provisions regarding steps to be taken when a report of mass malpractice is received it is to be kept in mind whether the....