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1981 DIGILAW 1057 (ALL)

Daya Shankar Dubey v. Secretary Board of High School And Intermediate Education, U. P. Allahabad

1981-11-25

A.S.SRIVASTAVA, N.D.OJHA

body1981
JUDGMENT D.N. Ojha, J. - These two writ petitions raise common questions and can conveniently be decided together. 2. Writ petition No. 11845 of 1981 was admitted on 3rd November, 1981. The Chief Standing Counsel accepted notice on behalf of the respondents, on that date. He prayed for and was granted a weeks time to file counter-affidavit. A re-joinder-affidavit was to be filed within three days thereafter and the writ petition was directed to be listed for hearing on 16th November, 1981. No counter-affidavit was, however, filed. Writ petition No. 13904 of 1981 came up for admission on 16th November, 1981. On that date the Standing Counsel made a prayer that it may be listed for admission on 23rd November, 1981, enabling him to produce the relevant record concerning the petitioner. There are no private parties in this writ petition and the two respondents are represented by the Standing Counsel who is ready to G.O. with the case. In these circumstances we think it proper to decide even this writ petition finally at this very stage as contemplated by the second provision to Rule 2 (i) of Chapter XXII of the Rules of the Court. 3. Daya Shanker Dubey, the petitioner in writ petition No. 11845 of 1981, has filed in form for appearance in the High School examination of 1980 as a private candidate. His form was accepted and he was allotted roll no. 847291. He was to appear in the examination from Raja Harpal Singh Inter College, Singramau, district Jaunpur. Indra Bahadur Singh, the petitioner in writ petition No. 13904 of 1981 had on the other hand, filled in form for appearing as a regular candidate in the Intermediate examination of 1980. His form was also accepted and he was allotted roll no. 344626. He was to appear from Shri Narayan Sinha Inter College, Sarai Barakhu, district Jaunpur. The case of the petitioners in each of these two writ petitions is that on account of some personal inconvenience each of them applied for change of his centre to Bajrang Intermediate College Ghanhsyampur, district Jaunpur and their applications were allowed. They were permitted to appear and they did appear from the aforesaid centre Bajrang Intermediate College, Ghanshyampur, Jaunpur in their respective examinations. Subsequently, however, their results were not declared. They were permitted to appear and they did appear from the aforesaid centre Bajrang Intermediate College, Ghanshyampur, Jaunpur in their respective examinations. Subsequently, however, their results were not declared. On the other hand each of them was served with a notice to show cause as to why his result may not be cancelled and he may not be debarred from appearing in the 1981 examination inasmuch as he had appeared not from the centre allotted to him initially but from the centre Bajrang Intermediate Colter, Ghanshyampur, district Jaunpur. The petitioners submitted their explanations in reply to the show-cause notice However, it did not find favour with the respondents and the examination of the petitioners for the year 1980 was cancelled and they were debarred from appearing in their respective examinations for the year 1981. Each of the petitioners in these writ petitions had prayed for the quashing of the order cancelling his examination for the year 1980 and debarring him from appearing in the 1981 examination. 4. As already seen above no counter-affidavit has been filed in writ petitioner no. 11845 of 1981 even though time was granted for this purpose, In writ petition no. 13904 of 1981 the Standing Counsel has, however, produced the record of the petitioners case. No material has been brought to our notice as to why the case of the petitioners that they had been permitted to appear from the centre at Bajrang Intermediate College, Ghanshyampur, district Jaunpur, was found incorrect and as to why the requisite answer book and the question papers meant for the petitioners were sent to that centre. It appears that the impugned orders had been passed in these cases more on suspicion than on the basis of any material on record. A similar question arose in writ petition No. 9128 of 1981 Sabhapati Dubey v. Secretary, Board of High School and Inter Education, U.P. decided on 17th August, 1981 and in writ petition No. 3125 of 1981 Ghanshyam Narian v. Secretary, Board of High School and Inter. Education, U.P., decided on 21st July, 1981 (Reported in 1981 UPLBEC 401) where too according to the petitioners of those cases their centre was on their application changed to the same Bajrang Intermediate College, Ghanshyampur, district Jaunpur. Education, U.P., decided on 21st July, 1981 (Reported in 1981 UPLBEC 401) where too according to the petitioners of those cases their centre was on their application changed to the same Bajrang Intermediate College, Ghanshyampur, district Jaunpur. The plea raised by the respondents in support of the order passed in those cases cancelling the petitioner examinations for the year 1980, and debarring them from appearing in the 1981 examination did not find favour with a Division Bench of this Court and the writ petitions were allowed, the impugned orders were quashed and the Secretary, Board, of High School and Inter. Education, was directed to declare the results of the petitioners forthwith. For the same reasons, on the basis of which the aforesaid two writ petitions were allowed, these two writ petitions also deserve to be allowed. 5. In the result both these writ petitions are allowed. The impugned order dated 10th February, 1981, cancelling the High School examination for the year 1980 of the petitioner in writ petition no. 11845 of 1981 and debarring him from appearing in the said examination of 1981 as well as the order dated 10th February, 1981 cancelling the Intermediate examination of the petition in writ petition no. 13409 of the 1981 of the year 1980 and debarring him from appearing in the said examination of 1981 is quashed and the Secretary, Board of High School and Intermediate Education, U.P., respondent no 1, in each of these two writ petitions is directed to declare the result of the two petitioners in these writ petitions of their respective examinations for the year 1980 forthwith. There shall be no order as to costs.