(1) Without prejudice to the provisions of the Act and any rules made or deemed to have been made under the Karnataka Civil Services Act, 1978 (Karnataka Act 14 of 1990), as a measure of discipline, where any person indulges in any malpractice specified in column (2) of the Table below, and is found guilty, the Director, Pre- University Education (hereinafter referred to as the Director) or such other officer as may be specified by the Government, after following the procedure hereinafter provided, proceed to impose the penalty specified in the corresponding entries in column (3) thereof,
(2) The procedure for reporting malpractice shall be as follows:-
(a) Where the Room Superintendent / Invigilator notices a malpractice being committed by the candidate, he shall seize the incriminating material and the answer script or other substance forming part of the answer and report the same to the Chief Superintendent immediately.
(b) if the candidate refuses to hand over the incriminating material or destroys or runs away with the material or causes it to disappear, the facts shall be noted and got attested by two members of the Supervisory staff and reported to the Chief Superintendent immediately.
(c) if the candidate refuses to give the statement, the candidate should be asked to record in writing his refusal to give a statement. If he refuses to do even that, the fact shall be noted and got attested by two members of the Supervisory Staff.
(d) The Chief Superintendent shall hold a summary enquiry, record the report of the Room superintendent and obtain statement of the candidate if any, in the presence of a teacher other than the Room Superintendent concerned. He shall forward a report along with answer script or other substance and the incriminating material in a sealed cover or box, the statement and report of the Room Superintendent, the statement of the candidate, if any, to the deputy Director of the Examinations by name, who shall in turn, place before the Director all the materials and records received by him.
(e) The Chief Superintendent shall forthwith suspend the candidate from writing the examination and withdraw the admission ticket. Further, action taken under this clause shall be reported to the Director.
(f) The examiner, shall, if he suspects malpractice while valuing the answer script or other material, return the answer script or other matrial without valuation or further valuation to the Director by name after recording his reasons for suspicion on the answer script. If already valued, the marks shall not be entered in the regular marks list in which the marks awarded to other candidates are furnished but shall be entered in a separate list which shall be placed in a sealed cover and forwarded to the Director.
(3) No penalty shall be imposed on a candidate except after holding an enquiry as far as may be, in the manner hereinafter provided.
(a) The Director shall frame definite changes and communicate such charges together with a statement of allegations on which they are based, to the candidate in wirtting and he shall be required to submit within such time as may be specified by the Director, a written statement of his defence and also to state whether he desires to be heard in person ;
Provided, if any candidate has admitted having committed the malpractice before the Chief Superintendent of the Examination Centre, the Director may serve the charge sheet and if the candidate accepts the charges without contest, proceed to impose the penalty provided in the rules.
(b) On receipt of the written statement of defence or if no such statement is received within the time specified, the Director shall inquire into the charges alleged against the candidate.
(c) The Director may nominate any official or officer to present the case in support of the charges. The candidate may present his case himself but shall not engage a legal practitioner for the purpose.
(d) The Director shall, in the course of enquiry consider such documentary evidence and take such oral evidence as may be relevant or material in regard to the charge or charges. The candidate shall be entitled to cross examine the witness examined in support of the charges and to give evidence in defence. The person presenting the case in support of the charges shall be entitled to cross examine the witnesses examined in defence.
(e) For the different acts of malpractice specified in column (2) of the Table below the penalties that may be imposed by the Director are as specified in column (3).
TABLE Sl.No. Nature of the wrong Penalties 1 PENALTIES AND REMEDIAL ACTION IN RESPECT OF WRONGS COMMITTED BY CANDIDATES:
Candidates found guilty of Malpractices in the Examinations conducted by the Department shall be punished as shown below. For any other type of malpractices not specified below, the Director shall have the power to impose such penalty as he deems fit.
1 Tampering with the entries in the records attached to the application for admission to the Pre-University Examination conducted by the Department.
Such a candidate shall be debarred from giving two examinations including the one to which the candidate sought admission 2 Possession of a manuscript or literature not relating to the subject of examination in examination hall / room by a candidate.
A severe waring be given by the Chief Superintendent of the centre.
3 (a) Possession of a manuscript or literature relating to the subject of examination in the examination hall / room.
Shall be debarred from giving two examinations in all the subjects including the one in which the candidate commits the malpractice.
Sl.No. Nature of the wrong Penalties
(b)Copying from manuscript, books or notes or from answer book of a neighbour.
-ditto-
(c) Communication in the examination Hall / room by gestures and / or conversation with the purpose of committing malpractice.
-ditto- 4 Tampering with the answer papers anytime after the examinations with the intention of gaining good marks.
The candidates shall be debarred from appearing in five subsequent examinations and the results of all the subjects of the examination in which he/she committed the tampering shall be annulled.
5 Giving the examination as a fresh candidate concealing the fact that he or she completed the two years study and had either given the PUC or XII standard examination elsewhere and had passed in all the subjects or had failed in a few .
The results of all the subjects in the examination in which the candidate committed the malpractice shall be annulled and the marks card shall be impounded.
6 Writing the answers in the answer books either supplied by the department or obtaining the same outside the examination hall, either during the examination hours or after the examination hours and including them with the answer books of the rest of the candidates in that examination centre with or without the help of the officials entrusted with the examination work.
The results of all the subjects of the examination in which he or she committed the malpractice shall be annulled and he or she shall be debarred from appearing in subsequent six (6) examination.
The marks card shall be impounded.
7 Possession and use of fake marks cards by a candidate or a person claiming to have studied PU Course in a college affiliated to the department.
The fake marks card shall be impounded and the offence shall be reported to the Police for criminal prose cution.
Sl.No. Nature of the wrong Penalties 8 Serious misbehavior on the part of the candidate in the examination hall / room or in the examination centre.
The candidate shall be sent out of examination hall / room and shall not be admitted to the examination hall / room on that day and on subsequent days of examination.
9 Manhandling or resorting to any other kind of violence by the candidate at the examination centre.
Such a candidate shall be debarred from taking examination for three years i.e., Six examinations including ONE in which the candidate resorts to manhandling of the staff.
10 Communication with the examiner through the answer book or otherwise.
Shall be debarred from the examinations in which he / she commits the malpractice in case such communication is of the serious nature 11 Impersonation at the Examination. The candidate on whose behalf impersonation takes place shall be debarred from giving subsequent examination for THREE years, i.e., six examinations including the one in which the malpractice took place.
12 Tampering with the Register No. Name, etc., in the Admission ticket with the intention of committing malpractice.
Such a candidate shall be debarred from giving two examinations including the one in which he/she had tampered the Admission Ticket.
13 Attaching currency note / notes in the answer book.
The Candidate shall be debarred for SIX examinations including the ONE in which he / she has committed the malpractice.
14 Taking away or tampering with the answer books of the other candidate in the examination hall / room.
Such candidate shall be debarred for SIX examinations including the ONE in which he/she has committed the malpractice.
Sl.No. Nature of the wrong Penalties 15 Attempting to send out or take out of the examination hall / room blank answer books or additional sheets and to receive the answer book or sheets from outside the examination hall / room The candidate shall be sent out immediately and not to be allowed to give the examination on subsequent days. He/she shall be debarred from giving TWO examinations including the ONE in which he or she commits the malpractice.
16 Appealing and promising to offer illegal gratification to examiners.
The candidate shall be debarred from giving TWO examinations including the one in which he or she committed the malpractice.
17 Taking out or sending out question paper outside the examination hall / room within the first half an hour from the commencement of the examination.
The candidate shall be debarred for TWO examineations including the one in which he or she committed the malpractice.
II PENALTIES FOR THE WRONGS COMMITTED AT EXAMINATION CENTRES BY THE EXAMINATION CENTRE STAFF :
No. TA & DA shall be paid for the erring staff when called for-enquiry.
1 Failure to prevent mass copying by Chief Superintendent / Joint Chief Supdt.
(Custodian) / Invigilator / Relieving Invigilator in the examination hall / room and later reported by the examiners at the time of valuation.
No remuneration shall be paid.
They shall be debarred from being appointed as Chief Superintendent / Joint Chief Superintendent (Custodian) Invigilator / Relieving invigilator for 3 years, and shall be imposed a penalty of Rs. 500/- 2 Failure to detect the tampering / interchanging of register numbers by the Chief Superintendent / Joint Chief Superintendent (Custodian)/ Invigilator / Office Superintendent at the end of examination at the time of inserting the answer books to the confidential covers.
No remuneration shall be paid.
They shall be debarred from being appointed as Chief Superintendent / Invigilator / relieving invigilator / Joint Chief Superintendent / Officer Superintendent, for two years and shall be imposed a penalty, of Rs.
500/- Sl.No. Nature of the wrong Penalties 3 Failure to insert correct answer scripts according to marks list entries into the confidential covers by the chief superintendent / joint superintendent (custodian) / office superintendent.
No remuneration shall be paid.
Chief superintendent / Joint chief superintendent (custodian) / office superintendent, shall be imposed a penalty of Rs 200.
4 Failure to obtain signature of the candidate / s in the invigilotors diary at the time of issuing answer books as well as taking of over answer books.
No remuneration shall be paid to the concerned invigilator and shall be imposed a penalty of Rs. 50/- for each mistake.
5 Failure to collect the answer script and additional sheets from the candidate /s at the end of the examination.
No remuneration shall be paid and shall be debarred from examination work for a period of 5 years.
6 For removing the written answer scripts / replacing a new answer book by any of the examination staff from the bundle of answer scripts to be sent to the camp officer.
No remuneration shall be paid and shall be debarred from examination work for a period of 5 years.
7 Failure to report taking away of question papers from the examination centre / hall / room before half an hour of the commencement of the examination or before leaving the examination room / hall by joint chief superintendent (custodian) / chief superintendent / invigilator.
No remuneration shall be paid and shall be debarred from the examination work for a period of 5 years.
III PENALTIES FOR THE WRONGS COMMITTED BY THE EXAMINERS :
No TA & DA shall be paid to such examiners when called for enquiry.
1 (a) Mistakes in Totalling upto 3 mistakes A penalty of Rs. 100/- per mistake shall be levied.
(b) Mistakes in totalling results in alteration of results or varies by 10 or more marks.
No remuneration shall be paid.
The examiners shall be debarred from appointment as examiners for 5 years.
2 Failure to award marks to questions or part of questions up to 3 numbers A penalty of Rs. 100/- per omission shall be levied and shall be debarred from appointment as examiner for 3 years.
Sl.No. Nature of the wrong Penalties 3 Failure to award marks to more than 3 questions or part of questions resulting in the alteration of result.
No remuneration shall be paid to the examiners and shall be debarred from appointment as examiner fro 5 years.
(a)Mistakes in transfer of marks from answer script to marks list.
A penalty of Rs. 100/- per mistake shall be levied and the examiner shall be debarred from appointment as examiner for 3 years.
(b)Mistakes in transfer of marks from answer script to makes list of serious nature / major mistake.
No remuneration shall be paid.
The examiner shall be debarred from appointment as examiner for 5 years.
4 Failure to record marks of each question on the facing sheet of the answer script or against each answer inside the answer script or failure to round of the extra marks.
A penalty of Rs. 200/- per mistake shall be levied.
Failure to write marks in words or figures or attestation in the marks list in figures and words.
A penalty of Rs. 50/- per mistake under each category shall be levied.
5 Failure to affix signature on the facing sheet of the answer book or on the marks list A penalty of Rs. 50/- per mistake under each category shall be levied.
OR Failure to affix their code nos. legibly on the facing sheet of the answer book or on the marks list.
6 Failure to record and report the discrepancies in the number of answer scripts or a different answer script is found in the cover with regard to the entry in the marks list.
The Examiners shall be debarred for 3 years.
7 Failure to notice over writing or tampering of register numbers on the script or additional sheets or interchange of register numbers on the answer scripts or additional sheets.
The examiner shall be debarred for 3 years.
Sl.No. Nature of the wrong Penalties 8 Inter change of marks while transferring from answer scripts to marks list.
No remuneration shall be paid and the examiner shall be debarred for 3 years.
9 For removing of answer scripts from the camp office by CE / DCE / AE / Camp.
Officers / Staff.
OR Interchanging or replacing with a new answer script.
No remuneration shall be paid.
Shall be debarred for 5 years.
10 For changing the marks on the answer script or on the marks list by CE & DCE, without the attestation of the Assistant Examiner.
No remuneration shall be paid.
Shall be debarred for 5 years.
11 Failure to write numbers on the confidential covers as per the marks list during valuation.
A penalty of Rs. 50/- for each mistake shall be levied.
12 Inserting marks list in the answer book packet / bundle without handing over to camp officer.
A penalty of Rs. 100/- in each case shall be levied.
13 Inserting answer books in the packet / bundle without valuation.
(a) The examiners shall be debarred for the next two examinations in case the answer scripts are inserted in the packet without valuation.
(b) The examiner shall be debarred for the next five years in case a packet is left without valuation.
IV PENALTIES FOR THE WRONGS COMMITTED BY THE COMPUTER OPERATORS :
1 Mistakes (Wrong entry) in keying of applications.
A penalty of 20 paise per each mistake / record / application shall be levied.
2 Mistakes (wrong entry) in keying of marks list.
A penalty of Rs. 100/- per mistake / record shall be levied and disciplinary action may be initiated.
Explanation :- (1) ‘Examination Centre’ means any premises consisting examination halls.
(2) ‘Examination hall’ includes any room, hall laboratory, work shop or any other premises used for holding examinations.
(3) ‘Malpractices’ includes anyone or more of the acts specified above committed by a candidate appearing for the examination conducted by the department.
(4) The term examiner includes Assistant examiner, Deputy Chief Examiner and Chief Examiner appointed for valuation work and scrutiny work.
(5) Penalty specified in the table imposed on examiners and others shall be deducted from the remuneration payable to them. If no remuneration is payable it shall be recovered from the salary through the Principal.]1 * * *