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2005 DIGILAW 1306 (PNJ)

Pushpinder Kumar v. Punjab School Education Board

2005-12-20

JAGDISH SINGH KHEHAR, S.N.AGGARWAL

body2005
JUDGMENT J.S. KHEHAR, J. (ORAL) 1. We have again perused the pleadings in this case and also heard learned counsel for the parties. We are satisfied that from the averments made in the writ petition when read in conjunction with the response thereto in the written statement, it stands acknowledged that the answer sheets of the petitioner of the Mathematics paper were substituted with the answer sheets of some other candidate, inasmuch as while the outer covering of the petitioner’s answer sheet was retained, the internal pages of the answer sheets of some other candidate were added to the outer covering sheet. It is, therefore, apparent that while the petitioner was deprived of the marks he was entitled to, some other candidate possibly gained in the process. These facts disclose a serious and dangerous fraud in the evaluation of the answer sheets. 2. On the last date of hearing i.e. 15.12.2005, we required the learned counsel for the respondents to obtain instructions on how to sort out the issue of tracing out the internal sheets of the answer book of the petitioner in the Mathematics paper. Learned counsel for the respondents today informed this Court that it is not possible to make any firm commitment in this behalf, since it is not possible to trace out the internal pages of the answer sheets of the petitioner. In view of the above, we consider it just and appropriate to require the Secretary of the Punjab School Education Board to file a first information report at the relevant police station within one week from today. This exercise is imperative on account of the fact that the fact finding enquiry conducted at the hands of the Punjab School Education Board has failed to produce any result thereof. The investigation shall be handled by an officer of the police department not below the rank of Deputy Superintendent of Police. The said investigation shall not necessarily be confined to the answer sheets of the petitioner but shall also cover similar other matters. The Investigating Officer shall conclude the investigation within a period of six months from the date of registration of the case. It shall, therefore, be the responsibility of the Secretary, Punjab School Education Board, to append a copy of this order along with the first information report filed on behalf of the respondents with the police authorities. 3. The Investigating Officer shall conclude the investigation within a period of six months from the date of registration of the case. It shall, therefore, be the responsibility of the Secretary, Punjab School Education Board, to append a copy of this order along with the first information report filed on behalf of the respondents with the police authorities. 3. In so far as the petitioner is concerned, the petitioner shall be permitted to appear in the Mathematics paper of the Matriculation examination as and when the examinations are held again by the Punjab School Education Board. The petitioner shall not be required to deposit any fee for taking the aforestated Mathematics paper. The marks obtained by the petitioner in the said examination shall be incorporated in the petitioner’s result declared on 27.6.2004. So as to compensate the petitioner for unnecessary harassment at the hands of the respondents, we also consider it just and appropriate to direct the respondents to pay the petitioner a sum of Rs.10,000/-. The aforesaid payment shall be made to the petitioner within two months from today. 4. Disposed of in the aforesaid terms. Order dasti on payment of usual charges. -