Tampering of answer sheets crime against society, says Madras high court
Chennai: The Madras high court has held that any tampering of the answer sheets or erroneous award of marks amounts to crime against the society at large. At the same time, it would result in frustration in the minds of the young students, who are all the future of our great nation.
Justice S. M. Subramaniam gave the ruling while disposing of the petitions from P.Nirmala Devi and 9 others, who are working as lecturers and senior lecturers in the District Institute of Education and Training, Dindigul district, challenging the charge memo issued against them for the alleged irregularities and illegalities in evaluation of answer scripts and award of marks.
The judge directed the authorities to proceed with the departmental disciplinary enquiry proceedings as expeditiously as possible. The judge also directed the petitioners to submit their explanations/objections in respect of the charges within two weeks and defend their case in the manner known to law.
The judge said in the era of transparency, identification of irregularities and illegalities were possible and the evaluations can be tested by all concerned with reference to the answer sheets. For example, if the award of marks were not in consonance with the key answers and the materials provided to the examiners, there was a possibility of doubt regarding the award of marks on various reasons. There was a possibility of extraneous consideration, malpractices, corrupt activities etc.
The principles of reasonableness and the accuracy adopted by the examiners with reference to the guidelines issued by the competent authorities as well as the key answers can be verified. Once, the competent authority or the persons concerned identified the discrepancy or illegalities in award of marks then suitable actions were bound to be initiated against all concerned. However, all these aspects cannot be gone into by the high court in the present batch of petitions as the notice of pending action on hand was nothing but challenge made against the charge memo. Thus, appreciation of merits at this stage was inappropriate and impermissible. Factual findings cannot be arrived in a petition, more specifically when the charge memo itself was under challenge, the judge added.
The judge said undoubtedly, the allegations against the petitioners were serious in nature and affecting the institutional integrity and honesty. The institutional integrity can be maintained only by developing the transparent procedure in the matter of evaluation of answer sheets. Confidence and trust in the minds of the students as well as the public were unfettered elements and the authorities competent must ensure the correctness of evaluations. The high court cannot interfere with these intricacies with regard to the allegations as well as the truthfulness at this stage. Such interference would hamper the enquiry proceedings to be conducted by the competent authorities in respect of the allegations set out in the charge memorandum issued to the petitioners, the judge added.
The judge said lakhs and lakhs of young students of this great nation were participating in the process of examination with the fond hope that their answer sheets were being evaluated properly and promptly and the award of marks were given in accordance with the key answers, reference books. Procedural transparency and the trustworthiness in the educational system lies on various aspects including the correct evaluation of answer sheets.
No student should feel that their answer sheets were improperly evaluated and marks were not awarded in accordance with the key answers as well as the reference books. “This court is of an undoubted opinion that the allegations are in the public domain and the students are also awaiting for complete enquiry in respect of these examiners. In these circumstances, a full-fledged enquiry to cull out the truth behind the allegations is imminent and warranted”, the judge added.
The judge said such allegations were nowadays common in various universities and investigations were also going on in respect of such allegations which were all in the public domain. The state must take action in respect of all these allegations and ensure a full proof system so as to avoid such allegations and ensure proper evaluation of answer sheets by the examiners for the purpose of awarding of marks etc.
The offence as well as the misconduct of all these nature would affect very foundation of the educational system across the nation and thus, the state as well as the education department must be double-cautious in maintaining the system of preparation of question papers, evaluation of answer sheets, publication of results etc, If any loopholes were identified, the authorities must immediately review the entire system and correct the same for the purpose of developing the transparency and to curtail the possibility of discrepancy, corrupt activities, errors etc.
It was the constitutional mandate on the part of the state to provide the best educational system by formulating the guidelines and rules. In the era of right to education Act, development in the field of education was of paramount importance. Under these circumstances, the state must ensure transparency and efficiency in the system enabling the students to develop confidence in their minds for the purpose of nation building. “Undoubtedly, the students are the 'Nation Builders' and in the event of untrustworthiness in the system of education the same will hamper the very idea of achieving the Constitutional philosophy and ethos”, the judge added.
