IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4284 of 2008 Rohit Kumar Roy son of Shree Akhilesh Kumar Roy, resident of Madhubani Durga Asthan, Purnea, P.S. Khazanchi Hat, District- Purnea. ………….. Petitioner. VERSUS 1. The Union of India through the Secretary, Ministry of Human Resources Development Department, New Delhi. 2. National Institute of Open Schooling, A-24/25, Institutional Area, Sector 62, Noida, Gauta Budh Nagar- 201309 (U.P.) through its Chairman. 3. Director (Evaluation), National Institute of Open Schooling, A-24/25, Sector 62, Noida, Gauta Budh Nagar- 201309 (U.P.). 4. The Secretary, National Institute of Open Schooling, A-24/25, Sector 62, Noida, Gauta Budh Nagar- 201309 (U.P.). 5. Deputy Director cum Regional Head, (Regional Office), National Institute of Open Schooling, Lalit Bhawan, (Ground Floor), Jawahar Lal Nehru Marg, Patna- 800001. ………… Respondents. ----------- For the Petitioner : Mr. Y.V. Giri, Sr. Advocate. Mr. Raju Giri, Advocate. For the Respondent (NIOS) : Mr. Madhuresh Prasad, Advocate. ------------------ 05 10.11.2008 The petitioner has come to this Court for quashing the letter dated 13.02.2008, by which he has been informed by the National Institute of Open Schooling that his examination has been cancelled and he has been debarred from appearing in the next April-2008 examination. Counter affidavit has been filed. Heard the parties and with their consent the writ petition is being disposed of at the stage of admission itself. The petitioner was a student of National Institute of Open Schooling. While taking admission to the said course they had given choice of examination centers. When the examination in question, which was to be held in October/November-2007 was about to be held - 2 - they approached the authorities for being permitted to change the examination center, which the authorities accepted. The examination was conducted without any complain from the external or internal invigilators. Subsequently, a show cause notice was issued (Annexure-A to the counter affidavit ) to students along with students being issued show cause notices the institution where examination was conducted was issued show cause notice (Annexure-A to the counter affidavit). The allegation made by the National Institute of Open Schooling was that there appeared to be mass scale irregularity in examinations held there. There was mass scale copying of which no one reported. It is a matter of record that all answer books were reevaluated. It was found that large number of students copied and gave the same answer for different subjects, this in view of the National Institute of Open Schooling vitiating the examination as held. This laid not only cancellation of the results of the entire examination centers but also debarment for appearing in the next examination to be held in April- 2008. In my view, when the expert body has examined the matter and come to a reasonable conclusion, as is to be found in the counter affidavit, it is not open for this Court to substitute its opinion and come to a different conclusion. I am unable to find any ground to interfere in the order impugned. The writ petition is consequently dismissed. (Navaniti Prasad Singh, J.) Trivedi/