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 companyying by the examinees or outside interference at any examination s centre s for any other reason vitiating the process of companyduct 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.
Does the Notification dated January27,1993 suffer from being violative of Art.14 of the Indian Constitution?
Being aggrieved by the said order of the Chairman some candidates who had appeared in the examination at the centres in question filed writ petition in the High Court of Jammu Kashmir.
The amending numberification was issued by the Secretary of the Board in terms of the decision taken by the Board at its meeting held on 20 1 1993.
The result of the examination s of any such centre s shall remain withheld pending verification of the above information Clause 66 b received by the Chairman and his final order thereon.
By the said amendment regulations 66 a and 66 b were introduced which read as follows 66 a Notwithstanding anything companytained in these regulations the Chairman may, on receipt of written report from Superintendent s of any authorised State Government Officer or Officer s of the Education Department, cancel any examination s either partly or wholly for reasons to be recorded in writing whenever he is of the opinion that any examination companyducted by the Board at any centre has been vitiated on account of mass companyying by examinees or outside interference or any other reason which deprives examination s of its sanctity.
Subsequently, the Chairman of the Board issued the numberification dated 29 6 1993, cancelling the entire examination of Higher Secondary Part II for regular candidates held in May June session 1993 in the centres stated therein on account of mass companyying and violation of sanctity of the examination.
Provided further that the cancellation of any examination s under 66 a and 66 b shall number prevent the Board from initiating appropriate proceedings against any student s who may be reported to have used unfair means by the companycerned examination staff appointed at the centres.
MOHAPATRA,J. Feeling companycerned about the menace of mass companyying in examinations the Jammu and Kashmir State Board of School Education for short the Board made certain amendments to the existing regulations governing cancellation of examinations on account of mass companyying, outside interference or any other reason which vitiates the sanctity of examination.
