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2002 DIGILAW 727 (PAT)

Kapildeo Singh v. State Of Bihar

2002-07-11

CHANDRAMAULI KR.PRASAD

body2002
Judgment 1. In this writ application, prayer made by the petitioner is to issue a writ in the nature of mandamus commanding the respondents to handover the registration slips of the students and allow them to appear in Supplementary Secondary School Examination, 2002 to be held by the Bihar School Examination Board. 2. Bereft of unnecessary subterfuge, facts giving rise to the present application are that the petitioner is the headmaster of S.S.High School, Andhi Bigha situated in the district of Aurangabad. The school in question is proprietory school and has been granted recognition by the State Government by notification dated 18.8.88 (Annexure-1). Petitioner obtained registration forms from the Bihar School Examination Board (hereinafter referred to as the Board) for registration of the regular 0 students of its school so that they can appear in Supplementary Secondary School Examination to be conducted by it in the year 2000. Petitioner submitted the duly filled forms for 340 regular students along with the requisite fee within the stipulated time in the Boards office. It seems that it came to the notice of the authority that there is irregularity in filling of the forms for registration of the students and accordingly the District Magistrate, Aurangabad issued memo no. 2353 dated 7.10.2001 for inspection/verification of registration of regular as well as private students in the district of Aurangabad. In pursuance thereof, Block Development Officer, Goh and Block Education Extension Officer, Goh submitted its report. In the report it has been observed that the school had received forms for registration which have been found to be in order from the record of the school. 3. It is the stand of the petitioner that he went to the office of the District Education Officer for collection of registration slips and examination forms of the students but the District Education Officer refused to give examination forms of 340 students. Petitioner has further averred that respondents had insisted that the petitioner should obtain forms only for 120 students. The proposal given by the respondents to select only 120 candidates out of 340 was not accepted by the petitioner and aggrieved by the aforesaid action, ultimately he preferred a writ application before this Court, inter alia, praying for a direction to register 340 students and not 120 as suggested by the respondents. The proposal given by the respondents to select only 120 candidates out of 340 was not accepted by the petitioner and aggrieved by the aforesaid action, ultimately he preferred a writ application before this Court, inter alia, praying for a direction to register 340 students and not 120 as suggested by the respondents. Aforesaid writ application was registered as C.W.J.C. No. 2673 of 2002 and a learned single Judge of this Court disposed of the said writ application with the following direction:- "Therefore, writ petition is disposed of directing the authority concerned/ Board that if registration slips and examination forms have not been handed over to the Headmaster only on the ground that no student more than 120 students shall be allowed to appear in the examination, the Board and its authority shall hand over registration slips and examination forms to rest of the students provided there is no any defect with respect to genuineness of the students and shall allow them to appear in the examination, 2002". 4. It is the stand of the petitioner that in spite of the aforesaid order, registration slips of 340 students have not been issued and in absence thereof they are deprived from appearing in the secondary supplementary school examination, 2002. 5. Counter affidavit has been filed on behalf of the respondent-Board. In the counter affidavit the stand of the Board is that in course of enquiry several irregularities were detected in different schools all over the State and to detect the bogus and ineligible candidates, respondent Board vide letters dated 18.9.2001 and 4.10.2001 issued detailed guidelines and requested all the District Magistrates and District Education Officers to enquire into the matter and District Education Officers were requested to handover the registration slips and to accept the examination application forms of the genuine candidates. It is their stand that the students being not genuine, they were not given the registration forms. 6. Further plea of the respondent-Board is that in the light of the order of this Court dated 8.3.2002 (Annexure-4) the genuineness of the students was verified and having found that they are not genuine, registration slips were not given. In this regard a detailed order has been passed by the Secretary of the Board. It is relevant here to state that during the course of enquiry held by the Secretary, petitioner claimed that a written test was held of the students. In this regard a detailed order has been passed by the Secretary of the Board. It is relevant here to state that during the course of enquiry held by the Secretary, petitioner claimed that a written test was held of the students. However, the Secretary found that the claim made by the petitioner that the test was held is sham. In this connection he has referred to the claim of the petitioner that practical tests of Physics, Chemistry, Biology and Home Science were taken but marks in respect thereof were not entered in the mark-sheet. He also found that in the answer book of one student (Arun Kumar Choudhary) it was shown that he had secured 17 out of 50 marks but in the mark-sheet his name was not mentioned. The explanation furnished by the Headmaster that in fact the name of the said student is not Arun Kumar Choudhary but Anil Kumar Ranjan, did not appeal to the Secretary as in the mark- sheet the latter has been shown to have obtained 23 marks whereas the answer book of the former shows that he had obtained 17 marks. He also found that in one of the answer books at the first page the student is shown to have secured 17 marks but in fact in the answer book no mark was awarded. The Secretary also found two answer books of one student Renu Kumari mentioning the same section and the roil number but in the marks register the name of Renu Kumari was found at three places having secured 30, 26 and 26 marks. However, in the two answer books the marks obtained by Renu Kumari was shown as 38 and 20. It also found that seven answer books in which Roil numbers of the students were not indicated, were written in the same handwriting. The aforesaid irregularities in the conduct of examination led the Secretary to believe that in the school in question education is not imparted but for personal gain the students are allowed to appear at the examination. Accordingly he rejected the claim of the petitioner. 7. Mr. The aforesaid irregularities in the conduct of examination led the Secretary to believe that in the school in question education is not imparted but for personal gain the students are allowed to appear at the examination. Accordingly he rejected the claim of the petitioner. 7. Mr. Dhrub Narayan, Senior Advocate appearing on behalf of the petitioner submits that the students being regular students, there is no requirement of holding any test before they are permitted to appear in the Secondary School Examination and hence declining the students to appear in the examination on the purported ground that the test held was in fact farce is of no consequence. In support of his submission he has placed reliance on a Division Bench judgment of this Court in the case of Rishab Raushan V/s. State of Bihar, 2002 (2) PLJR 759 . In the said case in paragraph 5 it has been held as follows:- ".......So far as the regular students are concerned, Clause 2(a) does not speak of holding a preliminary test of the students for being sent up before appearing in the secondary examination. It only speaks that the regular student must have attended a regular course of study in a school for at least one session immediately preceding the examination in which he intends to appear and his record of work and conduct have to be assessed to be satisfactory and he has been found fit for being sent up. There is no requirement at all for holding a pre-test of a student for being sent before appearing in the secondary examination". 8. In view of the judgment of this Court in Rishabh Raushan (supra) there is no difficulty in accepting the broad submission of Sri Narain that there is no requirement at all for holding a pre-test to sent-up students for appearing in the secondary school examination. However, what would be the position in a case in which the school had decided and has claimed that in fact test was held and the same is ultimately found to be farce. As observed above, the claim made by the petitioner that the test was held has been found to be sham by the Board for the reasons briefly mentioned above. 9. As observed above, the claim made by the petitioner that the test was held has been found to be sham by the Board for the reasons briefly mentioned above. 9. It is common ground that the secondary school examination is conducted by the Board under the provisions of the Bihar School Examination Board Act, 1952 (hereinafter referred to as the Act) and section 17 of the said Act confers power to the Board to make regulation in regard to condition under which students shall be admitted to the examination of the Board. In exercise of the said power, the Board has framed Bihar School Examination Board Regulation, 1994 (hereinafter referred to as the Regulation). Chapter IV thereof, inter alia, provides for the condition under which the students shall be admitted to the examination of the Board. Clause 2 (a) of Chapter IV of the Regulation which is relevant for the purpose reads as follows:- "2. Eligibility of candidates.Subject to conditions prescribed under these regulations, the following class of candidates shall be eligible to be sent up for the examination of the Board: (a) The candidate who has attended a regular course of study in the topmost class in one or more high schools for at least one session immediately preceding the examination in which he intends to appear and whose record of work and conduct are assessed to be satisfactory and who has been found fit for being sent up." 10. From a plain reading of Clause 2(a) of the Regulation, it is evident that those candidates can appear at the examination of the Board whose record of work and conduct are assessed to be satisfactory. To arrive at such conclusion school, undisputedly took test. This has been found to be farce. In my opinion when the school had taken test of the students to come to a conclusion as to whether their work and conduct are satisfactory or not, the students cannot be allowed to appear in the examination in case the test held for that purpose is found to be farce or sham. In the present case school in question had chosen to take test for recording its satisfaction. Matter would have been different had the school did not hold the test itself and recorded its satisfaction on the basis of their performance in the class. In the present case school in question had chosen to take test for recording its satisfaction. Matter would have been different had the school did not hold the test itself and recorded its satisfaction on the basis of their performance in the class. Hence, I am of the opinion that the students work and conduct have not been held to be satisfactory so as to entitle them to appear in the examination conducted by the Board. The view I have taken finds support from the observation of a Division Bench of this Court itself in the case of Rishabh Raushan and others (supra). In the said case in paragraph 5 it has been further observed as follows:- "It is a different matter that the Principal of the School with a view to assess the conduct and record of work of the student and to find out whether student if fit for being sent up, may prescribe some type of test or he may assess the candidate on the basis of performance and conduct in the school but under the Regulations holding of preliminary test is not prescribed." 11. Mr. Dhrub Narayan then submits that the statisfactory nature of work and conduct of the students to enable them to appear in the examination is in the domain of the school and the Headmaster of the school having forwarded the candidature of the students for their appearance in the examination, it has to be assumed that the work and conduct of the students are satisfactory. I do not have the slightest hesitation in rejecting this submission of the learned counsel. As observed earlier in order to assess the work and conduct of the students, school chosen to hold the test, which has been found to be farce and sham. In case the school was satisfied about the work and conduct of the students there was no occasion for holding the test. The fact that the test was held, clearly goes to show that the school in question wanted to assess the work and conduct of the students and once the school having chosen to do the same satisfaction has to be on the basis of the performance of the students in the test. The test held being farce, the satisfaction of the school cannot be said to be bona fide so as to permit the students to appear in the examination. The test held being farce, the satisfaction of the school cannot be said to be bona fide so as to permit the students to appear in the examination. In my opinion, satisfaction of the school is not subjective but has to be on the basis of relevant material. That being the position, the students work and conduct have not been assessed to be satisfactory so as to entitle them to appear in the examination. 12. Mr. Dhrub Narayan lastly submits that the irregularities found out in respect of few students cannot lead to the conclusion that test held was farce or sham and innocent candidates should not be penalised for misdeeds of others. I do not find any substance in this submission of the learned counsel. From what has been found by the Board, if can be safely said that the entire test is stinking, which is conceived in fraud and delivered in deceit. It is the test which has been faulted and not the individual. Individual innocence has no place in such situation. In view of grave irregularity in the conduct of the test goes to suggest that in fact no fare test was held. I am inclined to agree with the Board that after the order of this Court answer books have been fabricated to show that test was held. In such a situation the whole test is vitiated and on that basis students cannot be allowed to appear in the examination. 13. It is well settled that academic matters and its administration must be left to the discretion of the authority which conducts the same. Interference with such decision is called for only when it is found that the same is arbitrary or not bonafide. It is also settled that it is not the decision but the decision making process which is subject to judicial review. Here in the present case neither the decision making process nor the decision can be said to be arbitrary or lacking bonafide. In order to maintain the purity of examination the Board has come to the conclusion that the test held by the school was sham and, therefore, did not allow the students to appear in the examination. Hence the decision does not require interference in exercise of writ jurisdiction. 14. In order to maintain the purity of examination the Board has come to the conclusion that the test held by the school was sham and, therefore, did not allow the students to appear in the examination. Hence the decision does not require interference in exercise of writ jurisdiction. 14. Before I part with the case, I must observe that many of the schools have very few class-rooms and it forward thousand of students for appearing in the examination, for reason which is not difficult to understand. Corruption has pervaded almost every walk of life and it is high time that the Board tightens its belt and devices ways and means so that genuine students do not suffer and the bogus students are eliminated. The Board must take note of the fact the various advertisements coming in the print media alure students, who have failed in Class VII examination to pass the matriculation examination. This affects the credibility of the examination. 15. In the result, I do not find any merit in the application and it is dismissed accordingly.