JUDGMENT This petition has been filed by the petitioner under Article 226 of the Constitution of India seeking the quashing of the order Annexure P/1 passed by respondents No. 3 of canceling his examination of Certificate of Physical Education. The petitioner is one of those students who had sought the admission in Tatya Tope Physical College, Shivpuri, in the year of 1991-92 for undertaking the course of Certificate of Physical Education, the examination of which is held and conducted by the M.P. Education Board, Bhopal respondent No. 3. It is contended by the petitioner that for seeking the admission, he had submitted the application from alongwith all necessary certificates and the authorities had also taken his test for adjudging his physical fitness. After the petitioner was found to be fit and qualified, he was admitted to the said course. The petitioner had completed the course, while residing in the college Hostel and had appeared in the examination held in the month of March, 1992 but the declaration of his result and of some other candidates was withheld by respondents No. 2 and cancelled later. Petitioner Bharat Lal Joshi was granted by Tahsildar, Ujjain, a certificate of bona fide resident of M.P. and is stated by respondent-Stare, to have further certified him to be an illiterate. According to respondent-State, the petitioner had scored off the word 'Anpadh' and had utilised the certificate for seeking the admission. The certificate of the petitioner, on inquiry by respondent, has not been found to be forged, except that the words 'Anpadh' were scored off by the petitioner. But, the facts still remains that the petitioner was granted a certificate of Anpadh, he being a bona fide resident of M.P., by Tahsildar, Ujja-in, which does support the case of the petitioner.
The certificate of the petitioner, on inquiry by respondent, has not been found to be forged, except that the words 'Anpadh' were scored off by the petitioner. But, the facts still remains that the petitioner was granted a certificate of Anpadh, he being a bona fide resident of M.P., by Tahsildar, Ujja-in, which does support the case of the petitioner. Even accepting the contention advanced by the respondent-State, the petitioner has not been denied to be the bonafide resident of M.P. The respondent-State has itself averred that the petitioner was certified to be an illiterate, but he was also verified to be the bonefide resident of M.P. Even assuming that the petitioner has wrongly stated that he was an illiterate (though in fact is not admitted), it could not be presumed that he was not the bonafide resident of M.P., in view of the certificate Annexure R/1, granted to him by the Tahsildar, a copy of which has been filed by the State with its return forming the part of document Annexure R/1. The petitioner, being the bonafide resident of M.P. and having been adjudged suitable for being admitted to the course and having been allowed to pursue it and appear in the examination, there appears to be no valid ground now for canceling his examination by respondents No. 3. From the form and the substance of the certificate, Annexure R/1, it is amply clear that the certificate was issued also verifying the petitioner to be the bonafide resident of M.P. and it qualifies the imposed condition of a candidate being bonafide resident of M.P. The unilateral action of respondent No. 1 and the consequent order of respondent No. 3 of cancelling the petitioner's examination, also being voilative of the principles of natural justice, is arbitrary and illegal. As a sequel of the above discussion, the petition is allowed. The petitioner is found to be entitled to seek the declaration of his result of Certificate of Physical Education Examination in which he had appeared with Roll No. 715. In the facts and circumstances, there shall be no order as to costs.