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Madhya Pradesh High Court · body

2000 DIGILAW 36 (MP)

Board of Secondary Education v. Nehru Smarak Janta H. S. S.

2000-01-07

R.S.GARG

body2000
This order shall dispose of M.C.C. No. 557/99 and Contempt Petition No.298/99. Board of Secondary Education and Divisional Officer of the Board of Secondary Education, feeling aggrieved by the order dated 4.5.1999 in W.P. No.6066/98, have filed this review petition. W.P. No. 6060/98 was filed by Nehru Smarak Janta Higher Secondary School, Choukhandi, inter alia, pleading that the Board which was duty bound to supply the necessary examination forms to the students conducting their studies in the said school. Badriprasad Shukla was made party respondent No.6 in the said petition as Principal of Nehru Smarak Janta Higher Secondary School, Choukhandi. The petitioner Shankerprasad Dwivedi claimed himself to be the Secretary of Shiksha Vikas Samiti and inner alia, pleaded that the said Samiti was running the said school and as they had already suspended Badriprasad Shukla and as Badriprasad Shukla was running a parallel institution, the Board was not entitled to refuse to supply the examination forms to the said petitioner. This Court, by an interim order dated 26.2.1999 in the presence of the counsel for Nehru Smarak Janta Higher Secondary School, through its Secretary Shankar Prasad Dwivedi and the counsel for the Board of Secondary Education, directed that the respondent Board should supply 145 examination forms for High School examinations and 42 forms for Higher Secondary examination. The forms were accordingly supplied. On 4.5.1999, when the petition came up for hearing, the Board was represented by its counsel and the State was also represented by its counsel. Learned counsel for the Board informed the Court that -in accordance with the directions of the Court, the required numbers of forms were supplied and if the Court permitted them, they were ready and willing to declare the result of those candidates who had taken their examination. In view of the graceful gesture shown by the Board, this Court directed that as the students had already taken their examination, their results be declared by the Board of Secondary Education. Instead of declaring the results in accordance with the order dated 4.5.1999, the Board has proposed to file this review petition. At the same time, Contempt Petition No. 298/99 has also been filed by the Secretary of Shiksha Vikas Samiti, showing himself to be the Secretary of Nehru Smarak Janta Higher Secondary School. Instead of declaring the results in accordance with the order dated 4.5.1999, the Board has proposed to file this review petition. At the same time, Contempt Petition No. 298/99 has also been filed by the Secretary of Shiksha Vikas Samiti, showing himself to be the Secretary of Nehru Smarak Janta Higher Secondary School. Submission of the learned counsel for the Board is that as in their official records, the Institution led by Badriprasad Shukla is the recognised Institution; therefore, they are in a fix as to how they can declare the results of the students who had appeared under the directions of the Court. According to them, they are unable to decide as to whether those students should be treated as regular students, private students or candidates appearing under the correspondence course. Shri Dhande, learned counsel for N.A. No. 1 submits that the forms were not supplied to the students in their capacity as private or correspondence students, but in fact were supplied to the Institution. The forms were forwarded by the Institution and the students had taken their examination as Institutional candidates. Therefore, the Board should not have any hitch in declaring the results treating the students as regular Institutional candidates. Shri Prashant Singh, learned counsel for respondent No.2 submits that the recognised school is led and run by Badriprasad Shukla; therefore, the students who had submitted the forms through that school would only be entitled to be treated as Institutional candidates. According to him, number of matters/proceedings between Shankar Prasad Dwivedi and Badriprasad Shukla are pending in Courts and the said Shankar Prasad Dwivedi is trying to take advantage of the order passed by this Court. Therefore, this Court must declare that such students be treated as private candidates. I have heard the parties at length. Undisputedly, numbers of proceedings are pending and the issue is being hotly contested as to whether Badriprasad Shukla has an authority to run the school as Principal or he stands suspended because of the order passed by the Shiksha Vikas Samiti, Choukhandi. The said issue did not come up for consideration before this Court in W.P. No. 6066/98. This Court confined itself to the simple issue as to whether the petitioner in the said petition was entitled to requisite number of forms or not. The said issue did not come up for consideration before this Court in W.P. No. 6066/98. This Court confined itself to the simple issue as to whether the petitioner in the said petition was entitled to requisite number of forms or not. This Court gave a clear direction to the Board of Secondary Education that requisite number of forms be supplied to the said petitioner. Forms were accordingly supplied were re-submitted by the said petitioner Institution to the Board and the students had taken their examination. Neither there was any representation of Badriprasad Shukla in the said writ petition nor any objection was raised by the learned counsel for the Board of Secondary Education at the time of final disposal of the matter rather on the other hand, it was conceded before the Court that if the Court directs, the Board shall declare the examination results. At this stage, it cannot be gainsaid by the Board that either the concession was wrongly made or the counsel who appeared for the Board did not know about the implications or proper facts were not brought to the notice of the Court through the Agency of the Board. The question in fact is not res integra because the petition was filed on behalf of Nehru Smarak Janta Higher Secondary School, Choukhandi, claiming itself to be an Institution. The forms were directed to be supplied to the Institution, the students had submitted their forms through the Institution and ultimate direction was also sought in favour of the Institution as they were represented by that Institution. Once it is held that the students had submitted their forms as Institutional candidates, then there is no escape from the logical conclusion that they appeared as institutional candidates. For the purposes of W.P. No. 6066/98 and these two petitions, it is made clear that the students who had taken their examination under the orders of this Court, shall be treated as Institutional candidates and the result shall immediately be declared. It is expected of the Board that without any unnecessary loss of time within a period of 15 days from today, they shall declare the result so that because of the legal fights/battles, they do not suffer unnecessarily. Both the petitions are disposed off with the directions aforesaid.