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Debarment from ssc examinations

(Querist) 05 March 2014 This query is : Resolved 
Hello,

I had appeared for SSC's Combined Higher Secondary Level (10+2) Examination in November 2013.During the examination, i had mistakenly carried a mobile phone in switched off mode with me and later during the exam, a guy came in for checking and he came to know that i had a mobile with me, i told him it was in switched off mode but he didn't listen and took it from me.Now, in Jan 2014, i got a show cause notice from SSC stating that i was 'caught using a mobile phone' whereas it was just kept in my pocket in switched off mode and they asked for an explanation as to why i should not be debarred from their examinations? i sent them a reasonable reply immediately but after a month i got another memorandum from them stating that my reply was not found satisfactory and i have been debarred from their further examinations.They haven't even mentioned the time period up to which i have been debarred. i have no clue what to do now. I'm just 23 and my entire career is at stake.Any advice regarding this would be appreciated. Thanks.
ajay sethi (Expert) 05 March 2014
Mobile phones and electronic devices, such as organisers, MP3 players and dictionaries, are not permitted in an examination room under any circumstances

you were aware that mobile phones were banned in examination hall . yet you carried the same . your defence is it was switched off . what is important in this case is report of the supervisor . he has stated that you were caught using the mobile phone .

if you are aggrieved by order from SC board you should file writ petition challenging decision of debarring you
adv. rajeev ( rajoo ) (Expert) 05 March 2014
I do agree with ajay sethi.
R.K Nanda (Expert) 05 March 2014
agree with experts.
Ashish (Querist) 05 March 2014
Thank you for your reply sir.Actually, i forgot to carry a bag that day, so i didn't find any other place to keep the phone.Also, there was no announcement in the hall regarding submission of the mobiles.So, i decided to keep it in my pocket in switched off mode.Secondly, today i checked the exam notification again and it was written that mobiles either in working or switched off mode are not allowed otherwise you'll be debarred for up to 5 years.My questions here is, is there still any scope of filing a writ petition since my defence point(switched off mode)apparently isn't strong? Also, is there any chance that the debarment period gets reduced to either 2-3 years? (considering i have not been permanently debarred but only for 5 years). thanks in advance.
T. Kalaiselvan, Advocate (Expert) 06 March 2014
It is absolutely your fault to carry the mobile handset to the examination hall despite clear cut instruction barring such things inside the examination hall. Instead of wasting your time over writ petitions, you may approach the examination board once again with an application tendering your apologies and asking them to reconsider their decision of debarring you from appearing in the examination. There are chances for a humanitarian consideration.
Sudhir Kumar, Advocate (Expert) 03 April 2014
you have not elaborated some facts. You had mobile phone you agreed but was there any argument with invigilator.


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