Ku. Pratibha Singh (Minor) vs The State Of Madhya Pradesh Judgement ... on 11 April, 2014
In the case of Subhas Chandra Sinha (supra), the Apex Court
opined that from the Scheme of the Act under consideration, in an
emergency, the power of the Chairman were co-terminus with that of the
Board who can take action and later report to the Board. Action so taken by
the Chairman, in that case, when reported to the Board, was fully endorsed
by the Board. The action of cancellation of the examination at a particular
centre was taken by the Chairman. The Court then went on consider the
question whether in such a situation giving an opportunity to the
examinees/candidates was imperative. The Apex Court opined that it was
not necessary for the Board to give an opportunity to the candidates if the
examination as a whole were being cancelled because of unfair means were
adopted on large scale at the concerned centre. The Apex Court found that in
comparison to the answer books showed such a remarkable agreement in the
answers which left no doubt that the students had assistance from an outside
source.