Research › Browse › Judgment

Allahabad High Court · body

1989 DIGILAW 275 (ALL)

Anil Kumar v. Secretary, Board of High School and intermediate Education

1989-03-10

J.N.DUBEY, S.H.A.RAZA

body1989
JUDGMENT S.H.A. Raza, J. - All twenty eight petitioners who were the regular students of High School in the year 1986 and have been studying in Virendra Bhartiya Intermediate College, Jeonti, Mainpuri, have filed this writ petition seeking a mandamus to declare the result of High School examination held in the year 1986. Daring the pendency of the writ petition, the Principal of the said Institution informed them that vide his order dated 4-2-87 the Secretary Board of High School and Intermediate Education, Uttar Pradesh, Allahabad had cancelled the result of the examination of the petitioners for High School examination and thus the petitioners have also challenged the order dated 4-2-87 contained in Annexure-5 and prayed that the said order be quashed. A perusal of the said order would indicate that no reason was assigned as to why the result of the petitioners was cancelled. 2. The petitioners have averred that they appeared in the examination of the High School in the year 1986 which was conducted by the Board of High School and Intermediate Education, Uttar Pradesh but their results were not declared, inspite of the fact that their forms for appearing into the said examination were duly forwarded by the Principal of Virendra Bhartiya Inter College, Jeonti, District Mainpuri and they were issued Admit Cards to appear into the said examination. They were also allowed to appear in the practical examination of General Science. It appears that the centre for the written examination of the petitioners was allotted at Nehru Higher Secondary School, Bandal Ballampur, Mainpuri by the District Inspector of Schools. The examination was to commence from 11th March, 1986 and on 18th March, 1986 the petitioners went to Nehru Higher Secondary School, Bandal Ballampur, Mainpuri and met the Centre Superintendent. The Centre Superintendent informed the petitioners that their names were not in the nominal roll of the students which were sent by the Board. Their guardians also met the Centre Superintendent but he refused to allow the petitioners to appear in the aforesaid examination. In the early morning of 11th March, 1986 the District Inspector of Schools directed the petitioners to appear in the High School examination from Virendra Bhartiya Inter College, Jeonti, Mainpuri. Their guardians also met the Centre Superintendent but he refused to allow the petitioners to appear in the aforesaid examination. In the early morning of 11th March, 1986 the District Inspector of Schools directed the petitioners to appear in the High School examination from Virendra Bhartiya Inter College, Jeonti, Mainpuri. Accordingly, the petitioners appeared in the aforesaid examination for Hindi and Mathematics papers from Virendra Bhartiya Inter College, Jeonti, Mainpuri but thereafter the District inspector of Schools directed the Centre Superintendent of Nehru Higher Secondary School, Bandal Ballampur, Mainpuri to allow the petitioners to appear in the aforesaid examination for the remaining papers, but the Board has refused to declare their results. Later on, an enquiry was conducted by the Board and the petitioners were directed to be present at Government Inter College, Mainpuri on 25th August, 1986 but they were given only live minutes time to give there explanations on a printed form. The petitioners stated that there appeared in the aforesaid examination after completing the entire formalities and there was nothing against the petitioners which may warrant withholding of the result of the petitioners. Thereafter they approached the authorities of the Board but their representations were not considered. The petitioners have further averred that there exists no evidence whatsoever against them either of using unfair means or copying and the Board illegally withheld their results and they were not given any opportunity whatsoever to show cause against withholding of their result. 3. A counter affidavit has been filed on behalf of the Board in which it was admitted that the application forms of all the petitioners were received by the office of the respondent to appear as Science Students in the examination of High School which was forwarded by the Principal of the said college. It is also more or less admitted that the petitioners were allowed to appear in the practical examination and Admit Cards were issued to them to appear in the said examination. According to the said counter affidavit, the results of the petitioners were firstly 'withheld and thereafter cancelled for the reasons of the fact that they belong to the Science side and their examination Centre were Deo Nagjti I.C. Karawali, Mainpuri and the Centre of conducting the said examination for Art Students was fixed at S.N. Higher Second the School, Ballampur Mainpuri. it was alleged that the Principal of Virendra Bhartiya Bhartiya Inter College Jeonti Mainpuri, was running the said College in collusion with petitioners and he got the examination Centre of the petitioners changed from S.N. Higher Secondary School, Ballampur, Mainpuri to Kurawali I.C. College, Mainpuri after, getting the temporary permission to this effect, regarding the change of Centre, from District Inspector of Schools. It was further alleged that examination Centre named Deo Nagari I.C. Kurawali, Mainpuri was only meant for Art side while the Principal of Virendra Bhartiya Inter College, Jeonti, Mainpuri was with in the know of the affairs that all the petitioners were students of Science side and they have to appear in the examination from the examination Centre named S.N. Higher Secondary School, Ballampur, Mainpuri. 4. On the other hand, the petitioners have rebutted the allegation in the counter affidavit by filing rejoinder affidavit. In Para 13 of the rejoinder affidavit they stated that the petitioners were the students of Arts and they have offered Science I, as one of their subjects. Due to innocent guidance of the teachers, the petitioners by mistake put Science II in place of Science I in their forms. This mistake was sorted out and the Principal of the Institution vide his order dated 17th March, 1986 and 3rd April, 1986 intimated to the Board that all the petitioners were the students of Arts. The aforesaid letters were sent by the Registered post and were received in the office of the Board. 5. There is no no allegation in the counter-affidavit that due to the change of the Centre, the petitioners have derived any benefit or used unfair means in replying to the question during the course of the examination. The examination forms of the petitioners were accepted by the Board and they were allowed to appear in the practical examination and were issued Admit Cards to appear in the said examination by the Authorities concerned A perusal of Annexure-3 itself could indicate that the District Inspector of Schools directed the Centre Superintendent Virendra Bhartiya Inter College, Jeonti, Mainpuri to allow the petitioners to appear in the examination of High School, hence the petitioners cannot be blamed for appearing into the examination from the said Centre. As there exists no allegations that the centre was changed to give benefit to the petitioners in any manner whatsoever or the petitioners derived any benefit from appearing into the examination from the said centre by using unfair means with the connivance of the Principal, the Board ha; committed a manifest error of law firstly by withholding the result of the petitioners and lastly by cancelling the result of the petitioners by means of an order which is non-speaking. The petitioners have alleged that they were not given sufficient opportunity to show cause against the proposed action the cancellation of the result and they were allowed only five minutes time to give their answer on a printed form. This allegation has been vehemenlty denied in the counter affidavit, but the order of cancellation of the result contained in Annexure-5 would indicate that no reason has been assigned and it does not mention as to whether any opportunity was given to the petitioners. The opposite parties have also not filed the original order dated 4-2-87 passed by the Additional Secretary oi the Board cancelling the result of the petitioners, hence we are left with no alternative except to accept the averments of the petitioners that sufficient opportunity was not afforded to the petitioners to show cause against the cancellation of the result and no reason for ' an celling the result were mentioned in the order dated 4-2-87. Obviously, any order which effects the right of a person cannot be passed in such a cursory and casual manner. At least, it was incumbent upon the authorities to pass a speaking order giving sufficient reasons for the cancellation of the result but in the instant case no such order appears to have been passed. The opposite parties have committed a manifest error of law firstly by withholding the result of the petitioners and secondly by cancelling their result and without any cogent and sufficient reason. In view of our observations mentioned above, this writ petition deserves to be allowed and the order dated 4-2-87 passed by Additional Secretary Board of High School and Intermediate Education, Uttar Pradesh, Sub-office U.P. Meerut communicated to the petitioners on 14-2-87 by the Principal Virendra Bhartiya Inter College, Jeonti, Mainpuri, is quashed and a mandamus is issued against the opposite parties Nos. 1 and 2 to declare the result of the petitioners and issue them mark-sheets to them within a fortnight from the date of the production of certified copy of this order. 6. The writ petition stands disposed of finally. 7. A certified copy of this order may be issued to the petitioners within a week of payment of usual charges.