Disposed

In The Matter Of News Paper Report Publised In Hindustan Times Dt. 20.03.15 v. The State Of Bihar and Ors.

Patna HC18 May 2015CWJC/4271/2015

Case brief

AI extract

What is this about?

In a PIL following news reports of rampant copying in Matriculation exams in Bihar, the Patna High Court found State initiatives sufficient. The Court closed the writ petitions, directing the State to treat any instance of copying as official incompetence invoking strict disciplinary action against exam officers.

What did the court decide?

Directing the State to issue warnings to Heads of Institutions that any copying in exams constitutes misconduct against examiners.

In The Matter Of News Paper Report Publised In… — Education and Admissions | Patna HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.4271 of 2015

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===========================================================

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In The Matter of News Paper Report Published In Hindustan Times Dated.

20.03.2015

.... .... Petitioner

Versus

The State Of Bihar

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The Principal Secretary, Education Department, Government of Bihar, Patna

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The Chairman, Bihar School Examination Board, Patna

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The Secretary, Department of Home, Government of Bihar, Patna

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The Director General of Police, Patna, Bihar

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.... .... Respondents

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with

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===========================================================

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Civil Writ Jurisdiction Case No. 4233 of 2015

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===========================================================

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Lalit Kumar S/o- Sri Rajendra Yadav, resident of village- Bela Novad, P.S. Beldour, Distt. - Khagariya.

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.... .... Petitioner

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Versus

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The State of Bihar through Principal Secretary of Health Department, Bihar State Govt. Vikash Bhawan, New Secretariat, Patna.

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The Examination Controller, Bihar Combined Entrance Competitive Examination Board, I.A.S. Bhawan near Airport, Patna.

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The Public information officer cum Assistant Secretary All India Pre medical Test (AIPMT) Central Board of Secondary Education (C.B.S.E.), Shiksha Kendra2, community centre, Priet Vihar, Delhi-110092.

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The Chairman, Medical Council of India, Pocket-14, sector-8, Dwarika Phase-1, New Delhi- 110077.

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.... .... Respondents

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=========================================================== Appearance : (In CWJC No. 4271 of 2015) For the Petitioner/s : Mr. Basant Choudhary, Sr. Advocate For the State : Mrs. Nivedite Nirvikar, GA 10

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Patna High Court CWJC No.4271 of 2015 dt.18-05-2015

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Mr. Anil Kumar Singh, AC to GA 10 For the Bihar State School Examination Board : Mr. Lalit Kishore, Sr. Advocate M.r. Girijesh Kumar (InCWJC No. 4233 of 2015) For the Petitioner/s : Mr. Ram Sandesh Roy For Respondent no.1 : Mr. Mrityunjay Kumar, AC to AAG 10 For the Respondents : Mr. Vinay Krishna Tripathi Mr. Kamla Kant Upadhyay =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 18-05-2015

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On seeing a newspaper report to the effect that free for all, copying was rampant in the Matriculation examination in the State of Bihar, a Senior Advocate of this Court Shri Basant Choudhary addressed a letter to this Court expressing his concern. The same was taken up as a Public Interest Litigation and directions were issued to the State Government to control the menace of copying. The situation was reviewed after some days.

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The State Government has filed counter affidavits on more than one occasion. It is stated that serious note of the copying were taken and immediate steps were taken to prevent it. It is also stated that meeting of the Vice-Chancellor and other authorities of the University were convened to ensure that use of electronic gadgets is totally prohibited in the examinations, particularly those pertaining to professional course.

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We have heard learned Senior Advocate Shri Basant Choudhary, and learned Principal Additional Advocate General Shri Lalit Kishore.

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We quite appreciate for the timely intervention when the copying was rampant in the State. Acting on the directions issued

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Patna High Court CWJC No.4271 of 2015 dt.18-05-2015

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by this Court the State also swung into action and we are informed that the remaining examinations of the Matriculation level were conducted without any problem at all. Action is said to have been initiated against the Invigilators or Examiners who have failed in their duty to stop the malpractices. The State has also furnished the details of the measures taken for preventing the use of electronic gadgets in the examinations for professional course.

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For the present we are satisfied with the initiative of actions. However, the same tempo must be maintained and perfection should be achieved for the years.

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We accordingly close the writ petitions directing that the State shall issue instructions, if not warning, to the concerned Heads of the institutions that any instance of copying in any examinations conducted in the State shall be treated as acts of incompetence and misconduct by themselves, exposing the concerned officers to strict disciplinary action.

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(L. Narasimha Reddy,CJ)

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(Sudhir Singh, J)

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mrl

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In The Matter Of News Paper Report Publised In Hindustan Times Dt. 20.03.15 v. The State Of Bihar and Ors.

Case brief

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In The Matter Of News Paper Report Publised In Hindustan Times Dt. 20.03.15 v. The State Of Bihar and Ors.

Case brief

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