1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.6428 OF 2009 Ram S/o Shivaji Surwase & Others ... Petitioners. Versus State of Maharashtra & Others. ... Respondents. -------- Shri. A.V. Patil, Advocate holding for Shri. V.D. Gunale, for the petitioners. Shri. V.H. Dighe, Assistant Government Pleader for respondent No.1. Shri. V.R. Sonwalkar, Advocate for respondent Nos.2 and 3. -------- CORAM: NARESH H PATIL & K.U. CHANDIWAL,JJ. DATE: 14th DECEMBER 2009 PER COURT : 1) A Compact Disc ("CD") was prepared by "Zee Chovis Taas", a private news TV channel was obtained by the Board, according to the counsel, wherein it was noticed that a teacher deputed at the Swami Vivekanand Vidyalaya, Janwal, Taluka Chakur, District Latur Examination Center bearing Center Code No.4068 was 2 found dictating answers to the students who appeared in the examination. Based on the evidence the performance of the students was cancelled. These students have filed the present writ petition. 2) As officers of the Court we asked the counsel appearing for the petitioners and the Board to view the CD themselves and make statement before this Court. 3) The learned counsel appearing for the petitioners, Shri. A.V. Patil fairly submits that he had seen the CD in which it was noticed that one person was moving from one classroom to another dictating some material. According to Shri. Patil the petitioners were not noticed in the CD but certainly some students were seen appearing in the examination. 4) This is one of the gravest and serious examples of the manner in which the examinations are conducted. It is disturbing to notice that third agencies than the Board have come to the help to magnify the issue of mass copying by video graphing the actual incidents. 3 5) We are not aware as to what action against the teachers or other employees who were deputed on examination duty and involved in the incident of mass copying, has been taken by the Board. The counsel for the Board submits that instructions were issued to the respective managements of the schools in that regard. We expect the Board to pursue the issue and after holding inquiry the persons involved shall be dealt with severally and stern action is desirable against them. The job of the Board does not get over just by holding examinations. The Board shall be aware of the consequences of such incidents and shall take steps to avoid repetition of such incidents. 6) We find that the Board shall also consider to take help of the latest modern technology in holding examinations more particularly at the sensitive centers regarding which the Board possesses enough material. Proposal in this regard shall be made and forwarded by the Board to the State Government. As far as possible foolproof system to avoid any mass copying at the examination centers must be developed by the Board. 4 7) We do not find any merit in the petition in the light of the prima facie evidence available and the decision reached by the Board. 8) The writ petition is accordingly dismissed. The answer sheets submitted by the counsel are returned to the respective counsel. (K.U. CHANDIWAL, J.) (NARESH H PATIL, J.) rsl/ wp.6428.09