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-l passed by respondent 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 month of September, 1991 for undertaking the course of Certificate of Physical Education. The examination of Certificate of Physical Education 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 form along with 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 respondent No.3. The respondents are stated to have received some information that the domicile certificates, of Madhya Pradesh filed by the petitioner and some other candidates were forged and the admission to the course had been sought in the College by such candidates on the strength of the forged certificates. The respondent/State on such information made inquiries and it was found that the certificate filed by the petitioner Jayantilal Jain was though not a forged certificate yet it was not the bonafide resident certificate of Madhya Pradesh. The petitioner, under the certificate was verified to be residing in Ratlam (M.P.) since 1988. Accordingly, on the information received by respondent No., the Collector, Shivpuri, had informed respondent No.3 that the petitioner was not the bona fide resident of Madhya Pradesh. The examination of the petitioner was cancelled on such information. As against the petitioner, there is no allegation that he acted unfairly or had tiled the forged certificate. The petitioner had submitted the certificate as granted to him by the Tahsildar, Ratlam. He had not suppressed any information. The petitioner was verified to be the resident of Madhya Pradesh since 1988 and the respondent No.2 had admitted him in the institution. The petitioner is not alleged to have played any fraud or committed any forgery.
The petitioner had submitted the certificate as granted to him by the Tahsildar, Ratlam. He had not suppressed any information. The petitioner was verified to be the resident of Madhya Pradesh since 1988 and the respondent No.2 had admitted him in the institution. The petitioner is not alleged to have played any fraud or committed any forgery. The' petitioner, having been allowed the admission, pursued the studies, completed the course and had appeared in the examination. The respondents have not alleged any lapse on the part of the petitioner. The respondent No.2, on being fully satisfied with the certificate, had admitted him to the college, not provisionally but finally, and the respondents were, therefore, estopped from cancelling his examination. The petitioner has invested the time and money in pursuing the studies and his examination could not be cancelled for no fault of him. Even if, any mistake was committed by the respondent No.2, the petitioner cannot be penalised and his career cannot be left to be ruined. In the facts and circumstances for the action of the respondent, the condition to admission could he taken to be relaxed. For the foregoing reasons, the petition deserves to be allowed and is, therefore, allowed. The order of respondent No.3, dated 27.2.93, Annexure P-l, or cancelling the petitioner's examination of Certificate of physical Education is quashed. The result of the petitioner for the above said examination, in which he had appeared with Roll No. 734, shall be declared by respondent No.3 within a period nr two weeks. In the facts and circumstances, there shall be no order as to costs.