S. K. DUBEY, J. ( 1 ) BY this petition under Art. 226 of the Constitution of India the two petitioners seek a writ of mandamus or any other suitable writ, direction or order for quashing the order of cancellation of the result of the petitioners of subject of Physics of the Higher Secondary School Certificate Examination, 1996, conducted by the Board of Secondary Education, Madhya Pradesh, Bhopal (for short the 'board' ). ( 2 ) FACTS : The petitioners as regular students of Government Higher Secondary School, Gangev, Rewa appeared in l2th Board Higher Secondary School Certificate Examination, 1996 conducted by the Board from Examination Centre 13047. The petitioners were declared pass in Second Division and mark-sheets-Annexure- A/1 and A/2 were issued to the petitioners respectively. The Valuers and Vuluation Officer vide document No. 1 dt. 30-3-96 complained and reported of mass copying and use of unfair means by the examinees at Examination Centre 13047 and at other Centres. The Board received the report of Valuers on 16-4-1996. On Valuers report, the Results Committee constituted under Regalation 40 of Board of Secondary Education, Madhya Pradesh Regulations, 1965 framed under S. 28 of the Madhya Pradesh Madhyamik Shiksha Adhiniyam 1965 (23 of 1965) (for short the 'adhiniyam' ) in exercise of its powers conferred on it under Regulation 117, decided to award zero mark to the examinees in the subject of Physics vide Document No. IA and sent its report- Document No. 2 to Examination Committee. After consideration of the representation of the principal of the institution a decision was taken to award zero mark and to declare the result of 39 students who appeared from Centre 13047 and thus a notification dt. 24-7-1996- Document No. 4 permitting students to appear in forthcoming Supplementary Examination was issued. ( 3 ) SHRI Ajit Singh, learned counsel for the petitioners submitted that the petitioners answered the examination papers of all the subjects with their utmost sincerity without use of any unfair means. The Results Committee in its report Document - IA was not of definite opinion, hence, decided to declare the result. Results Committee further decided to award zero mark to students appeared with Roll No. 2134250 to 2134272 in subject of -oology and to declare the result. The Results Committee in its report Document - IA was not of definite opinion, hence, decided to declare the result. Results Committee further decided to award zero mark to students appeared with Roll No. 2134250 to 2134272 in subject of -oology and to declare the result. However, the petitioners were awarded zero mark, not in -oology but in subject of Physics on thc basis of suspicion of mass copying by the Valuers, which is illegal. ( 4 ) SMT. June Choudhary, learned counsel for the respondent-Board submitted that after the decision of the Results Committee, zero mark was awarded to 39 students who appeared in the subject of Physics. However, when the matter came before this Court and the petitioners pointed out that the report of the Results Committee is based on suspicion all the copies were got re-examined, wherein, out of 39,20 cases were found of mass copying, while 19 cases inclusive of petitioners were not found of mass copying or use of unfair means. In the circumstances the respondent-Board, now shall declare the result of the petitioners afresh. ( 5 ) LEARNED counsel for the petitioners submits that because of the negligence of the Results Committee, the Board has played with the career of the petitioners, one year of the petitioners has gone waste as the petitioners could not seek admission in B. Sc. Part-I nor the petitioners could appear in any competitive examination. Petitioners suffered a great mental agony only because ot the lapse on the part of the Board in not taking a definite decision by the Results Committee based on Valuers report, the petitioners be awarded heavy compensation. ( 6 ) RESULTS Committee is constituted under Regulation 40 whose duties are enumerated in Regulation 41. This Committee is empowered under Regulation 117 to amend the result under certain circumstances enumerated in Regulation 117. It would be appropriate to extract Regulations 41 and 117 :"41. ( 6 ) RESULTS Committee is constituted under Regulation 40 whose duties are enumerated in Regulation 41. This Committee is empowered under Regulation 117 to amend the result under certain circumstances enumerated in Regulation 117. It would be appropriate to extract Regulations 41 and 117 :"41. It shall be the duty of the Results Committee.- (i) to scrutinise and pass the results of the examinations conducted by the Board after satisfying itself that the results are in conformity with the relevant provisions of the Regulations, Rules and Bye-laws; (ii) to scrutinise complaints against question papers so far as they affect the results; (iii) to decide cases of candidates who have missed their practical examination or written examination in one or two papers or in a subject as a whole; (iv) to decide cases of candidates who have answered wrong papers; (v) to decide cases of admission of candidates to the examinations by the superintendents of centers after half an hour of the commencement of examination; (vi) to decide cases of special arrangements made for the examination of any particular candidates; (vii) to decide cases where extra time was allowed to candidates by the Superintendent of Centers; (viii) to decide cases where question papers were opened before the prescribed hour; (ix) to decide cases of candidates whose answer books have been lost; (x) to decide cases of candidates who have used unfair means; and to inflict punishment; (xi) to decide such other matters connected with the declaration of the results as may be referred to the Committee. ""117. ""117. Except when otherwise provided in these Regulations, the names of candidates who have passed an examination of the Board shall be placed in the divisions specified in the Prospectus and, further the names of students from the recognised Institution shall be grouped according to the institution in which they have studied :provided that in any case where it is found that the result of the Examination has been affected by error, malpractice, fraud, improper conduct, or other matter of whatsoever, nature, the Results Committee shall have power to amend such result in such manner as shall be in accordance with the true position and to make such declaration as it may consider in that behalf, provided that except as provided in a proviso below no result shall be amended after the expiry of six months from the publication of the result;provided further that in any case where the result of the Examination has been ascertained and published and it is found that such result has been affected by any malpractice, fraud or any other improper conduct whereby an examinee has, in the opinion of the Result Committee, been a party to or privy to, or convinced of such malpractice, fraud or improper conduct, the Results Committee shall have power, at any time, notwithstanding the issue of the certificate of the award of the prize of scholarship, to amentd the result of such examinee and to make such declaration as it may consider necessary in that behalf. " ( 7 ) CLAUSE (x) of Regulation 41 casts a duty on the Results Committee to decide cases of candidates who have used unfair means; and to inflict punishment. Regulation 117 gives power to the Results Committee to amend the result of candidates who have passed in examination of the Board and placed in divisions according to marks obtained within a period of six months from the publication of the result as provided in the two provisos of Regulation 117, in case it is found that the result of the Examination has been affected by error, malpractice, fraud, improper conduct, or other matter of whatsoever nature. However, this power cannot be exercised merely on suspicion, unless the Results Committee finds that result of the Examination was affected by error or use of malpractice, fraud, improper conduct or other matter of whatsoever, nature. However, this power cannot be exercised merely on suspicion, unless the Results Committee finds that result of the Examination was affected by error or use of malpractice, fraud, improper conduct or other matter of whatsoever, nature. ( 8 ) IN the present case, Valuers report vide Document-D1-A reported for the subject of Physics thus 'vernacular matter', on the back page Valuers reported of mass copying at examination centre No. 13047, but addition of centre number in the original report created a doubt, hence, the Results Committee decided to declare the result by awarding zero mark to the students from Rol1 No. 2134250 to 2134272 in the subject of -oology. On this decision the principal of the institution represented. After considering the representation of the Principal and other representations on 17-6-1996 the Results Committee took a decision to award zero mark to the examinees in the subject of Physics. After notice of this petition, the Board got copies re-examined and found only twenty cases of mass copying out of 39. Hence a statement was made that the result of the petitioners shall be declared specifying their second division. This shows that the Valuers gave their report negligently, without examining the copies carefully. The opinion formed by the Results Committee to amend the result was based on the suspicion of the Valuers. The Results Committee did not find that the result was affected by mass copying. If the Results Committee was in doubt, it ought to have called for the definite report, or could have formed its own opinion by seeing the answer copies for itself. But, that was not done, on the other hand the result of the petitioners was amended in casual manner, resulting in the waste of complete one year of the petitioners as the petitioners could not get their admission in the next higher class. ( 9 ) IT is settled that when a power is conferred by the statute on high and responsible officers or on the committee constituted under a statute, such persons or committees are expected to act with caution and impartiality and the public authorities or an officer of high standing is treated as a guarantee of use of the power reasonably, fairly and with a sense of responsibility and not to the prejudice of the public. If the exercise of power is not fair and with a sense of responsibility, it would be a case of breach of statutory duty, causing harm or loss to a person who would be entitled to compensatory damages for the loss so suffered unless it is established that there was no other way for performing the duty while exercising the power. ( 10 ) LEARNED counsel for the respondent could not point out that there was no other way for the Results Committee except the manner in which it acted and exercised its power to amend the result of the petitioners. No provision of law was also pointed out that if in such a situation harm is caused or loss is suffered by any student, no compensation can be claimed for the injury suffered because of any immunity. ( 11 ) THOUGH the waste of one year of the petitioners cannot be compensated in terms of pecuniary compensation but in the facts of the case award of Rs. 10,000/- to each of the petitioners will be a reparation suffered by the petitioners for the negligent action of the Board to warn and remind the Board and its officers and all concerned involved in conduct of various examination and declaration of the results of the Board not to commit the breach of statutory duties and all should act reasonably, fairly and with a sense of responsibility in discharge of their duties, while exercising the powers conferred on them by statute. ( 12 ) AT this stage, learned counsel for the respondent Board submits that the Board is not at fault, on the basis of the Valuers report, the Results Committee took a decision, therefore, Valuers should be made responsible for payment of compensation. I need not express any opinion on this. It is for the Board to consider and if advised to take appropriate action in accordance with law against the persons responsible for the lapse. ( 13 ) IN the result the petition is allowed, the Board is directed to declare the result, specifying the division of the petitioners, and to issue fresh marksheets on deposit of marksheets awarding zero mark in subject of Physics and to pay compensation of Rs. 10,000/- (Rs. Ten Thousand) to each of the petitioners within thirty days from the date of supply of certified copy. Petition allowed. .