CHAPTER - 10

USE OF UNFAIR MEANS

10.1 GENERAL:

10.1.1. Every day, before the examination begins, the Superintendent or the Deputy Superintendent shall call upon all the candidates to search their pockets and part with and deliver to him all papers, books or notes , which they may have in their possession . When a latecomer is admitted, this warning shall be repeated to him at the gate.

10.1.2. The Superintendent shall sign a declaration daily witnessed by all the invigilators on duty to the effect that he did it as a matter of fact, call upon the candidates to search their pockets , and to surrender all papers, books or notes in their possession and that all the late comers were also given this warning and send such declaration to the Secretary at the closure of the examination.

10.1.3 The Superintendent of the examination shall report to the Secretary without delay and on the day of occurrence if possible each case where use of unfair means in the examination is suspected or discovered with full details of evidence and explanation of the candidate concerned on the forms supplied by the Secretary for the purpose. The U.M.C cases may be sent by registered post. In case of delay in sending the U.M.C cases, the centre Superintendent shall give detailed reasons for the delay.

10.2 UNFAIRMEANS CASES & PENALITIES THEREOF.

10.2.1 if during an examination, a candidate is found having in his possession or accessible to him papers, books or notes due to inadvertence but which papers, books or notes could be of assistance to him, he may be debarred from passing in that paper as a disciplinary measure.

10.2.2 If during an examination, a candidate is found having in his possession papers, books or notes on clothes worn by him or any part of his body or table or desk or is found in possession of foot-rule and /or instruments like set squares, protractors, slide rules etc., with notes on them and which notes, papers or books or the material written on foot-rules or instruments etc., could be helpful to him during the examination and if his possession of such material is found to be malafide he may be disqualified from appearing in the examination in which he is found guilty.

10.2.3. If during an examination, a candidate is found talking to another candidate or any person inside or outside the examination hall, during the examination hours, without the permission of a member of supervisory staff, until he has handed over his answer book, his answer book for that particular paper may be cancelled.

10.2.4 If the answer book of an examinee shows or if it is otherwise established that he has received or attempted to receive help from or given help or attempted to give help to another candidate, he may be disqualified from appearing in the examination in which he is found guilty.

10.2.5 If during an examination, a candidate is found having copied or indulging in copying from any paper or notes or if he has allowed or is found allowing any other candidate to copy any matter from his answer book or to have in any manner rendered any assistance to another candidate in solving a question or a part of question set in the question paper, he may be disqualified for a period up to two years, including that in which he is found guilty.

10.2.6. If a candidate during an examination of the Board is found swallowing or attempting to swallow a note or paper runs away with it or is guilty of causing disappearance or destroying any such material, he may be disqualified from appearing in any Board examination for a period up to two years including that in which he is found guilty.

10.2.7 If a candidate during an examination of the Board is found consulting books, note books or papers or any other matter found with him while outside the examination hall but during the examination hours and before he has handed over his answer book to the Superintendent or any other member of the supervisory staff, he may be disqualified from appearing in any Board examination for a period up to two years including that in which he is found guilty.

10.2.8 if a candidate who during the course of the examination writes either on blotting paper, or any other piece of paper, a question set in the paper or anything connected with or relating to a question set in the paper or solution thereof, his examination in that paper may be cancelled.

10.2.9 If a candidate is found guilty of passing on or attempting to pass on during the examination, a copy of a question set in the paper or the question paper itself or a part thereof or a solution of a question set in the question paper ,to any one, his examination in that paper may be cancelled.

10.2.10 A candidate found guilty of possession of a solution to a question set in the paper in connivance with any member of a supervisory or menial staff or some outside agency may be disqualified from appearing in any Board examination for a period up to two years and /or shall also be liable to such other punishment as the U.M.C Committee may decide.

10.2.11 A candidate found guilty of having made previous arrangements to obtain help in connection with the question paper may be disqualified from appearing in any Board Examination for a period up to two years. The person with whom previous arrangement has been made by the candidate may also be disqualified from appearing in any Board examination for a period up to two years and /or also be liable to such other punishment as may be decided by the U.M.C Committee.

10.2.12 A candidate found guilty of smuggling in an answer book or a continuation sheet or taking out or arranging to send out an answer book or continuation sheet, during or after the examination with or without the help or connivance of any person connected with the examination centre or of any agency within or outside examination centre, may be disqualified from appearing in any Board Examination for a period up to three years. He shall also be liable to such other punishment as may be decided by the U.M.C Committee/Chairman.

10.2.13 A person found guilty of having written outside the examination hall, an answer book or a continuation sheet for a candidate which the latter smuggled into the examination hall or of having managed otherwise to replace the answer book of the candidate after the examination may be disqualified from appearing in any Board examination for a period up to three years and /or shall also be liable to such other punishment as may be decided by the U.M.C Committee.

10.2.14 A candidate found guilty of serious misconduct in the examination hall or misbehaviour towards the Superintendent or any member of the supervisory staff outside the examination hall may be disqualified from appearing in Board examination for a period up to three years according to the nature of his misconduct.

10.2.15 If a candidate is found guilty of using abusive or obscene language in the answer book his examination in that paper may be cancelled.

10.2.16 Any person who impersonates a candidate may be disqualified from appearing in any Board Examination for a period up to three years if that person is a student on the rolls of a recognised school. If that person is not on the rolls of a recognised school, he may be declared as not a fit and proper person to be admitted to any future examination of the Board and the case, if necessary, may be reported to the Police . The candidate for whom impersonation was attempted may also be disqualified from appearing in any examination of the Board for a period up to three years.

10.2.17 A person who commits an offence under Regulation 10.2.16, but is not a candidate for any Board examination may be dealt with as under:

(i) The Chairman may, if he so desires, handover the case to the Police.

(ii) In the case of a teacher or a person connected with an institution, his conduct shall be reported to the Managing Body of the institution and he shall be debarred from any remunerative job in the Board.

10.2.18 A candidate obtaining admission to the examination on a false representation made by him in his application form may be disqualified as under:

(i) A candidate for any examination who is discovered before the commencement of the examination, to have made a mis-statement in his admission form, regarding the name of the institution in which that candidate is studying on the date on which he had left that institution may be declared ineligible to appear in the examination.

(ii) If the false representation relates to a previous examination not actually passed by the candidate, he may be disqualified from appearing in any examination of the Board for a period, which may extend to 3 years as the Chairman may determine in each case.

(iii) If the false representation pertains to his eligibility to appear in the examination as a private candidate or any other matter not covered by, (ii) above, he may be disqualified from appearing in any examination of the board for a period up to two years as the Chairman may determine in each case.

(iv) If it is found that a candidate or his guardian or parent has deliberately given a wrong date of birth in the admission application form, or in the affidavit accompanying the form, the Chairman shall have the power to declare the candidate ineligible to appear in the examination or if the fact is found after the candidate has appeared in the examination to cancel his examination.

10.2.19 A candidate forging another person’s signature on his admission form or using a forged document knowing it to be forged and with a view to seeking admission may be disqualified by the Chairman from appearing in the examination of the Board.

10.2.20 If a candidate for an examination in Science or some other subject, presents to the examiner a practical or class work note book which does not belong to him, his examination of that year may be cancelled.

10.2.21 If a candidate leaves the examination hall without delivering the answer book to the supervisor concerned and takes away the same with him or intentionally tears off or otherwise disposes off his answer book or any part thereof or the continuation sheet or part thereof inside or outside the examination hall, he may be disqualified from appearing in any Board examination for a period up to two years, including that in which he is found guilty.

10.2.22 If a candidate is found guilty of deliberately disclosing his identity or making distinctive marks in his answer book for that purpose, his examination in the paper/papers concerned may be cancelled.

10.2.23 If a candidate is found guilty of communicating or attempting to communicate directly or through a relative, guardian or friend with an examiner or with the Secretary with the objective of influencing him in the award or marks his examination concerned may be cancelled.

10.2.24 If a candidate is found guilty of approaching or influencing directly or indirectly regarding his unfair means case a Member of the U.M.C Committee or any Board official, he may be disqualified for one year more in addition to the punishment awarded to him under the Regulations for his offence of using unfair means.

10.2.25 Where a candidate has made an appeal to the examiner through an answer book, such answer-book shall be liable to be cancelled.

10.2.26 For cases of unfair means not covered by these Regulations, the U.M.C Committee may impose punishment according to the nature of the offence.

10.2.27 A candidate who refuses to obey the Superintendent of the Examination or any other member of the Supervisory staff or changes his seat with another candidate or deliberately writes another Candidate’s Roll Number on his answer book or creates disturbance of any kind during the examination or otherwise misbehaves in or around the examination hall, shall be liable to expulsion by the Superintendent and may be awarded any of the following punishments according to the seriousness of the offence:

(i) Cancellation of the answer book of the paper concerned.

(ii) Disqualification from appearing in any Board Examination which may extend to three years.

10.2.28 Re-examination & Abolition of the Examination Centre.

If the Chairman is satisfied after enquiry that the integrity of a Board examination had been violated at an examination centre as a consequence of wholesale unfair assistance rendered to the examinees, the Chairman may order re-examination, besides taking action under Regulations relating to unfair means and may also abolish the examination centre for future or for a specified period.

10.3 IDENTIFICATION AND REPORTING OF UNFAIRMEANS CASES.

10.3.1 As soon as it is brought to the notice of the Superintendent of examination centre that a candidate during the course of examination, has been detected using or attempting to use unfair means as detailed in these regulations he shall take possession of the answer book of the candidate along with the papers or other materials found with him and provide the candidate with a second answer-book immediately. The candidate is not to be expelled from the examination centre in the paper. The Superintendent shall record on the first answer book, the time when it was taken away from the candidate and on the second answer book, the time when it was issued. While issuing the second answer book, the candidate shall be asked by the Superintendent to submit his explanation on the charges levelled against him.

If the candidate refuses to give an explanatory statement he should not be forced to do so only the fact of the refusal should be recorded by two invigilators and attested by the Centre Superintendent on duty at the time of the occurrence. The Superintendent shall call for the statement(s) of the invigilator(s) concerned and forward to the Secretary, in a separate sealed cover, the two answer books used by the candidate, the incriminating material duly signed along with the explanation of the candidate or the attested statement of refusal, the statement(s) of the invigilator(s) and his own note on the case for further action by the Board.

10.3.2 As soon as it is brought to the notice of the Centre Superintendent that a candidate has smuggled out an answer book, he should call for the student directly or through the Principal/Headmaster of the school concerned and try to secure the answer book. In case of non-availability of the answer book, the matter should be reported to the police and a copy of report be sent to the Secretary along with the statements of the invigilators present in the room and also the candidate. The statements of Peon, Police constables etc if any relevant to the situation should also be forwarded . The statements should contain the time of the incident and details of the case as to how the candidate took away the answer book . Efforts made to recover the answer book should also be stated.

10.3.3 In case of impersonation, the Centre Superintendent should send to the Secretary , the statement of the person found to be impersonating the invigilator(s) and that of the real candidate, if possible. He may also report the matter to the police, if necessary.

10.3.4 In case of misconduct of a serious nature, the matter should be reported to the Police, if necessary . Statements of the invigilator(s) and that of the peon/police-man concerned may be obtained and sent to the office of the Secretary for further action.

10.3.5 If any examiner notices any case of copying of answer(s) either among two or more candidates or from any other source, he should mark the relevant portion(s) of the answer(s) and send the cases immediately, along with his report on the same to his Head-Examiner. The Head Examiner will scrutinize the case and forward it along with his own remarks, in a sealed cover, to the Secretary for necessary action by the Board . If such a case comes to the notice of the Head-Examiner himself, he should also mark the relevant portion(s) in the answer(s) and forward the same immediately to the Secretary along with his remarks in a sealed cover for further action.

10.4 U.M.C. COMMITTEE

10.4.1 One or more UMC Committees shall be constituted to deal with cases of alleged mis-conduct and use of unfair means in connection with examinations annually.

10.4.2 For the purpose of constituting U.M.C Committees the Board shall approve a panel of 12 to 15 officers serving or retired having adequate experience in the field of education, administration or judiciary. The Secretary shall be ex-officio member on the panel.

10.4.3 The U.M.C. Committee shall consist of a minimum of three officers from the approved panel. The Secretary will constitute the Committee and he shall also convene its meetings.

10.4.4. If the committee is unanimous, its decision shall be final. If the committee is not unanimous, the matter shall be referred to the Chairman whose decision in the matter shall be final.

10.4.5 If a candidate brings to the notice of the Chairman in writing certain facts within 30 days of the decision made by the UMC Committee and the Chairman feels that had those facts been brought before the committee, the same might have resulted into a decision other than the one arrived at by the committee. The Chairman may order that the case be brought before the UMC committee again.

10.4.6 UMC Committee shall then re-consider the case. The unanimous decision of the committee shall be final but in the event of any difference of opinion, the case shall be referred to the Chairman whose decision in the matter shall be final.

10.4.7 If owing to special circumstances of a case, the UMC committee feels that a lenient view of the case is called for, the committee may so decide the case with the prior approval of the Chairman.

10.4.8 All the members of the panel except the Secretary shall be entitled for a remuneration at the rate of Rs. 150/- per day or as prescribed by the Board from time to time for each day on which the UMC Committee meets, besides TA/DA to the members coming from outside Dharamsala as per TA rules. For the purpose of calculation of TA/DA a member of UMC Committee shall be considered Grade-I officer under the TA rules.

10.5 Procedure of enquiry and imposition of penalty.

10.5.1 On receipt of a report from the Superintendent/Sub-Examiner/Head-Examiner/Member of a Flying Squad/Inspector of examinations or otherwise when a prima-facie case is made out that a candidate has adopted any kind of unfair means during or after any examination conducted by the Board, the Secretary or any other officer authorised by him in this behalf shall call upon the candidate by way of notice in such form as the circumstances of the case may warrant, to show cause on or before the prescribed date as to why the action should not be taken against him for his/her misconduct.

10.5.2 The show cause notice shall be accompanied by copies of the reports against the candidate as well as a copy of his statement, if any, made at the centre , with a view to enable him to answer the allegations levelled against him.

10.5.3 The candidate may exercise any of the following options to defend himself:

(i) To appear before the Secretary on any working day between 11 a.m. to 4 p.m. before the date fixed for his hearing,. in case the candidate wants to make a reference to original reports containing the allegation and the material on which such allegations are based.

or

(ii) To send a written reply in the prescribed proforma before the date fixed for his hearing by Registered Post to the Secretary of the Board.

or

(iii) If the candidate wants to be heard in person and also to produce witnesses, the candidate may appear along with his witnesses before the UMC Committee on the date given to the candidate for the purpose. In this eventuality, the candidate may not come earlier and if a reference to the original record is to be made by him, he may do so on the date of appearing before the Standing Committee or a day earlier as may be convenient to the candidate .

10.5.4 The UMC Committee shall examine the documents and all the evidence available in the case, hear the candidate in case he wants personal hearing, record the evidence produced by the candidate and decide the case on merits and on the principles of natural justice recording its opinion whether the case is established or not and impose the necessary penalty.

10.5.5. The candidate shall produce the witnesses in support of his case or appear for personal hearing at his own expense.

10.5.6. An anonymous complaint will not ordinarily be entertained, but if the facts alleged in the complaint are likely to be true, the Secretary may order enquiry through any person,collect the necessary evidence and if a prima-facie case is made out against any candidate, the procedure detailed above shall be followed for imposition of penalty.

10.5.7 In all proceedings before the UMC Committee, the candidate alleged to have used unfair means shall not be allowed to be represented by any other person or advocate.

10.5.8 The record of unfair means cases shall be retained intact for one year after the expiry of the penalty imposed upon the candidate. In case a candidate is exonerated, the record shall be kept intact for six months from the date of exoneration.

10.5.9 Fee as prescribed shall be charged for the supply of a copy of any document required by a candidate in connection with his case.

10.6 Further Consequences

10.6.1 The result of all the candidates who have been alleged to have used unfair means in an examination, by an invigilator, Centre Superintendent, member of Flying Squad , Inspector of Examination or Examiner shall be declared as UMC. In case on enquiry a candidate is exonerated before the declaration of result, his result shall be declared as usual.

10.6.2 All cases of UMC shall normally be decided within a reasonable time from the date of declaration of the result.

10.6.3 The names of candidates, who are punished under any of the above rules, shall be notified by the Secretary in the manner prescribed by the Board.

10.6.4 The candidates who are debarred for one year from appearing in any examination of the Board will, however, be eligible to take admission in the same class as a regular candidate in the same year .

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