Sanjay Kumar vs The Union Of India
2023 Latest Caselaw 815 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                      Civil Writ Jurisdiction Case No.2165 of 2023

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Sanjay Kumar, S/o Ram Chandra Yadav, Resident of Village- New Tarachak (Kumar Palace), P.S.- Danapur, District- Patna (Bihar).

... ... Petitioner/s Versus

1. The Union of India through the Secretary, Department of School Education and Literacy, 124-C, Shastri Bhawan, New Delhi.

2. The Additional Secretary (Institutions), Department of School Education and Literacy, 124-C, Shastri Bhawan, New Delhi.

3. The Joint Secretary (E.E.I.), Department of School Education and Literacy, 124-C, Shastri Bhawan, New Delhi.

4. The National Institute of Open Schooling, through Chairperson, A-24/25, Institutional Area, Sector- 62, Noida, District- Gautam Budh Nagar, Uttar Pradesh- 201309.

5. The Director (Evaluation), National Institute of Open Schooling, A-24/25, Institutional Area, Sector- 62, Noida, District- Gautam Budh Nagar, Uttar Pradesh- 201309.

... ... Respondent/s

====================================================== Appearance :

     For the Petitioner/s    :      Mr.Arun Kumar Singh, Advocate
                                    M. Dharmendra Kumar Singh, Advocate
     For the UoI             :      Mr. Anshuman Singh, CGC

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL JUDGMENT

Date : 17-02-2023 The petitioner appeared in the six months' bridge

course examination conducted by the National Institute of Open

Schooling (hereinafter referred to as "the NIOS") in March,

2019.

Patna High Court CWJC No.2165 of 2023 dt.17-02-2023

2. It is stated that while appearing in subject code

No.523, the petitioner's original Answer Book was seized on the

ground of cheating. However, the petitioner explained to the

invigilator of having no connection with the said chit found near

his table and he was issued another Answer Book on which he

attempted the question paper and his results should have been

declared. However, the respondent - NIOS cancelled the last

examination in the subject mentioned and allowed him to appear

in the next examination. The petitioner represented against the

said decision whereafter a committee heard him and cancelled

the entire examination.

Learned counsel submits that the decision taken by

the respondents is unjustified and illegal. The petitioner ought to

be allowed to appear in the next examination and if no

examination is being conducted, the Answer Book which he has

attempted should be evaluated and the results be declared as he

has not done any cheating during the examination. Learned

counsel has also invited attention to the marks obtained by the

petitioner in the other subjects apart from subject code 523

which shows that he has scored good marks in all the subjects

which are above 70.

I have considered the submissions, the petitioner is a Patna High Court CWJC No.2165 of 2023 dt.17-02-2023

teacher who was required to do a bridge course to be eligible to

be continued as a trained teacher with the Bihar Government. In

the examination conducted by the NIOS, he was found cheating.

Although the invigilator allowed the petitioner to attempt again

by issuing in a fresh Answer Book as his original Answer Book

had been forfeited. Based on the said facts initially the NIOS

had decided to cancel his last examination in the subject

mentioned and allowed him to appear in the next examination

by issuing marksheet of other subject, but the petitioner was not

satisfied and he filed an appeal before the unfair means

committee of the NIOS which examined the case of the

petitioner and reached to the conclusion of cancelling his entire

examination. The decision taken by the unfair means committee

is based on the entire submissions made by the petitioner.

4. This Court is not an appellate body and would not

sit over or examine a decision of the unfair means committee. It

is a settled principle of law that it is only the decision-making

process that is a subject matter of judicial review and not the

ultimate decision.

5. Keeping in view that the decision has been taken by

the unfair means committee of cancelling the entire examination

after following the process, no relief can be granted to the Patna High Court CWJC No.2165 of 2023 dt.17-02-2023

petitioner.

6. The writ petition is misconceived and is,

accordingly, dismissed.

(Sanjeev Prakash Sharma, J)

Ashwini/-

Item No.13

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          22.02.2023
Transmission Date       NA