Karnataka HC disposed petition of an Exam Malpractice Case while conducting Engineering Exam by giving certain guidelines

Must Read

Bombay High Court Passes Order To Clarify and Modify Previous Order When State of Maharashtra Moved Praecipe

Division Bench of Bombay High Court consisting of Justice S. V. Gangapurwala and Justice Shrikant D. Kulkarni had passed...

The European Court of Human Rights Orders Germany To Pay Non-Pecuniary Damages for Prison Strip-Searches 

A serving German prisoner was repeatedly stripped searched for non-legitimate purposes. The European Court of Human Rights (ECHR) found...

Lack of Independent Witness Doesn’t Vitiate Conviction: Supreme Court

A three-judge Bench of the Supreme Court in Rajesh Dhiman v State of Himachal Pradesh clarified the law in...

Madras High Court Observes Unexplained Delay in Procedural Safeguards, Quashes Detention Through Writ Petition

A Writ Petition was filed under Article 226 to issue a writ of Habeas Corpus. The petitioner P. Lakshmi,...

UK Court of Appeal Rules Home Department’s Deportation Policy of Immigrants Unlawful

Britain’s Court of Appeal quashed the Home Department’s deportation policy, declaring it unlawful; criticizing it for being too stringent...

Supreme Court Stays Order Restraining Physical Campaigns in the Madhya Pradesh Bye-Elections

On the 26th of October, a Bench was set up which comprised Justice AM Khanwilkar, Justice Dinesh Maheshwari, and...

Follow us

The writ petition was filed before the high court of Karnataka praying to issue a Writ of Certiorari quashing the order passed by the respondent no.3 The registrar (evaluation) Vishweshwaraiah Technological University (VTU) for changing the examination centre from the petitioner/ Basava engineering school of technology to another college at Vijayapura, for unfair practice while conducting exam was disposed.

Brief facts of the case

On the notice of certain malpractices detected in Basava Engineering School of Technology/petitioner during valuation of answer scripts of B.E.examination, the registrar evaluation /respondent no.3 passed an order as the entire staff including chief superintendent, internal DCSS and room superintendents shall be debarred for a period of one year from all university examination related activities. Practical examinations are to be conducted by both external examiners at Basava engineering school of technology, zalaki for a period on two examinations. The college should facilitate the same. The theory examination centre is cancelled for a period of one year (two examinations). The college is penalized for Rs.10, 00,000/- (Rupees ten lakhs only), for violation of all the guidelines, rules and regulations of the university, which should be paid immediately. Since the variation of marks between the students is high, the results will be declared for all the students on the payment of the above penalty.

The petitioner aggrieved by the impugned action taken by respondents. The writ petition was filed before the high court of Karnataka.

Arguments

Learned counsel for the petitioner submitted that the allegations made against the petitioner are yet to be established by the respondents. However, on account of the order passed by the respondents to shift the examination centre, students are put to great inconvenience and hardship, inasmuch as the students have to travel more than 50 km. To write the upcoming examination. Hence, he sought for a direction to the respondent university to conduct the examination in the petitioner’s college itself or any other convenient place. In view of the above submission, it was suggested to the respondent-university to consider the feasibility of conducting the examination either in the same institution or in the vicinity of the existing college with necessary surveillance. And to reconsider the penalty levied by the respondent.

Learned counsel for respondent no.3 has filed a memo on behalf of respondents. The memo reads as under:

On advice of the hon’ble high court, the Respondent nos. 2 & 3 have taken up the matter for discussion with the concerned VC and registrar and also a team of concerned delegates, wherein the collective opinion has been formed out unanimously in the interest of the students of the Basava engineering school of technology, Zalaki institution and the following conditions were suggested in changing the examination centre, if any,

There is no alteration in the order passed by the respondent no.3 herein except the point.,The theory examination centre is cancelled for a period of one year (two examinations). An upcoming scheduled examination will be conducted at Basava engineering school of technology, Zalaki, subject to the following conditions:

Basava engineering school of technology, Zalaki has to pay the penalty imposed Rs.10 lakhs immediately to the university in compliance to the order.it has to ensure and arrange for the necessary surveillance and virtual private network connectivity immediately.it has to ensure and arrange for the uninterrupted power supply and uninterrupted internet facility apart from the virtual private network

In addition to CCTV, video shooting at entire examination activities like, qpds activity, question papers collating and distribution arrangements, answer books bundling etc., are to be video graphed by the institution and should submit to the university on every day through file transfer and removable media in regular intervals as directed by the university.

If any lapses are observed at any moment of examinations, the principal of the college will be held responsible and necessary action will be initiated against the college and the principal. In such cases, the relevant expenditure, if any, are to be borne by the institution only. It may include shifting of examination centre in the middle of examination dates, under such circumstances, the institution has to bear the expenses and arrange for the movement of students to the designated centre. Both the deputy chief superintendents, sitting squad, the regular squad will be appointed by the university during the examinations. The principal has to extend full cooperation to the external staff for the smooth functioning of the examination activities throughout the exams i.e. from beginning to end of the exam dates.

Order

In view of the above submissions, the petition is disposed of in terms of memo submitted by respondents, subject to the modification that in the event any malpractice is detected during the conduct of the examination, respondents shall not, as far as possible, shift the examination centre in the midst of the examination. The petitioner shall ensure smooth conduct of the examinations without giving any room for malpractices and shall strictly monitor the activities of the students writing the examination.

Petition stands disposed of in terms of the above order.

[googlepdf url=”http://libertatem.in/wp-content/uploads/2019/12/Karnataka-HC-disposed-petition-of-an-Exam-Malpractice-Case-while-conducting-Engineering-Exam-by-giving-certain-guidelines.pdf” download=”Download Judgement PDF” width=”100%” height=”900″]


Contribute stories like this and help us spread awareness for a better society. Submit Your Post Now. You can also join our Team of Courtroom and regularly contribute cases like the above one.

For more Courtroom Updates, check out our Courtroom Page

LEAVE A REPLY

Please enter your comment!
Please enter your name here

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Latest News

Bombay High Court Passes Order To Clarify and Modify Previous Order When State of Maharashtra Moved Praecipe

Division Bench of Bombay High Court consisting of Justice S. V. Gangapurwala and Justice Shrikant D. Kulkarni had passed an Order on 25th October...

The European Court of Human Rights Orders Germany To Pay Non-Pecuniary Damages for Prison Strip-Searches 

A serving German prisoner was repeatedly stripped searched for non-legitimate purposes. The European Court of Human Rights (ECHR) found that Germany had violated the...

Lack of Independent Witness Doesn’t Vitiate Conviction: Supreme Court

A three-judge Bench of the Supreme Court in Rajesh Dhiman v State of Himachal Pradesh clarified the law in case of lack of independent...

Madras High Court Observes Unexplained Delay in Procedural Safeguards, Quashes Detention Through Writ Petition

A Writ Petition was filed under Article 226 to issue a writ of Habeas Corpus. The petitioner P. Lakshmi, called for records of the...

UK Court of Appeal Rules Home Department’s Deportation Policy of Immigrants Unlawful

Britain’s Court of Appeal quashed the Home Department’s deportation policy, declaring it unlawful; criticizing it for being too stringent on immigrants to comply with. Background The...

Supreme Court Stays Order Restraining Physical Campaigns in the Madhya Pradesh Bye-Elections

On the 26th of October, a Bench was set up which comprised Justice AM Khanwilkar, Justice Dinesh Maheshwari, and Justice Sanjiv Khanna. They heard...

Inordinate and Unexplained Delay in Considering Representation by Government Renders Detention Order Illegal: Madras High Court

A Petition under Article 226 of the Constitution was filed in the Madras High Court to declare the detention order of the husband of...

Supreme Court Asks Petitioner to Approach Bombay High Court in PIL for CBI Probe in Disha Salian Case

On the 26th of October 2020, the Apex Court heard the PIL praying for a CBI probe into the death of Disha Salian. The...

Privy Council Clarifies Approach To Winding up in “Deadlock” Cases in the Case of Chu v. Lau

The Judicial Committee of the Privy Council clarified several aspects of the law concerning just and equitable winding-up petitions, as well as shareholder disputes...

Madras High Court Directs Hospital To Submit Necessary Medical Reports to Authorization Committee for Approval of Kidney Transplant

A Writ Petition was filed under Article 226 to issue a Writ of Mandamus to K.G. Hospital, Coimbatore by P. Sankar & V. Sobana....

More Articles Like This

- Advertisement -