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

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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

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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,

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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

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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.

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