Sarita Kumari v. Board of Secondary Education, Ajmer
2011-06-29
ARUN MISHRA, RAGHUVENDRA S.RATHORE
body2011
DigiLaw.ai
Hon'ble RATHORE, J.—In this petition, under Article 226 of the Constitution of India and in the matter of the order dated 13.8.2009 by which the Secondary Examination, 2009 of the petitioners was cancelled by the respondents, an order came to be passed by the learned Single Judge of this Court on 22.2.2010 that the case be placed before Hon'ble the Chief Justice for referring it to a Larger Bench. The said order was primarily passed when the counsel for the petitioners argued, by relying on the case of Indrajeet Singh Meena vs. State of Rajasthan & Ors., 2008(5) WLC (Raj.) 537 = 2008(2) RLW 1742 (Raj.) that even in case of mass cheating/use of unfair means, a complete opportunity of hearing has to be given to the students whereas the learned counsel for the respondent Board of Secondary Education, Rajasthan had argued by referring the case of Mamta Kumari & Ors. vs. The Board of Secondary Education, Rajasthan, Ajmer & Anr., 2010 (4) WLC 265 = 2011(1) RLW 241 that in case of mass cheating/unfair means, the principles of natural justice are inapplicable and the learned Single Judge was of the view that contradictory opinions have been expressed by two Co-ordinate Benches of this High Court. Hence, the matter has come before the Division Bench today. 2. The material facts relevant for deciding the issue raised before us, are that the petitioners are the students of Class 10th of Swami Kshvanand Sr. Upadhyay Sanskrit Vidhya Peeth, Mukundgarh Mandi, District Jhunjhunu. The respondent Board had conducted the Secondary Examination, 2009 from 23.3.2009 and all the petitioners had appeared in the said examination. They were allotted Examination Centre No. 15029, Swami Kshvanand, Sr. Upadhyay Sanskrit Vidhya Peeth, Mukundgarh Mandi, District Jhunjhunu. The result of the above mentioned examination was declared by the respondent Board but the results of the petitioners were withheld. Thereafter, the respondents had sent letters on 10.7.2009 to the petitioners mentioning that they had used unfair means in the paper of Social Science (II) of the examination. They were asked to appear personally between 17.7.2009 to 24.7.2009, at 11.00 am. for hearing in respect of the said allegations. In furtherance of the letters, the petitioners appeared personally alongwith their parents/guardians before the respondent Board and had denied in writing the allegations levelled against them.
They were asked to appear personally between 17.7.2009 to 24.7.2009, at 11.00 am. for hearing in respect of the said allegations. In furtherance of the letters, the petitioners appeared personally alongwith their parents/guardians before the respondent Board and had denied in writing the allegations levelled against them. Subsequently, the respondent Board issued an advertisement on 13.8.2009 whereby the results of the petitioners were cancelled. 3. Accordingly to the respondent Board, the petitioners had appeared from the examination centre at Swami Kshvanand Sr. Upadhyay Sanskrit Vidhya Peeth, Mukundgarh Mandi, District Jhunjhunu. During the assessment of the answer books in the examination of Social Science (II) paper, it was found that unfair means was used by the students at the said examination centre and therefore they made complaint/reports in this regard. The matter was then placed before the Result Committee on 23.6.2009 and the results of the students were withheld. The chart of sitting arrangement was also called from the examination centre. The students appeared from the above mentioned centre were then issued charge memos and were asked to submit their explanation regarding use of unfair means in the examination. The said explanation was to be submitted between 16.7.2009 to 20.7.2009. They were also informed that in case they did not admit the allegation, they may appear in the Board Office on the respective dates mentioned in the charge memos. Initially the result of all the students of the examination centre, totaling to 229, had been withheld and thereafter, charge sheet was issued to 196 students. All the petitioners had submitted their explanations and also appeared in the Board office. After detail inquiry, the respondent Board found that charges against 59 students were not proved beyond doubt and therefore they were given the benefit. Consequently, their results were declared. 4. The experts in the field, after inquiry, found that answers of questions in Social Science (II) paper were dictated to the students at the centre as the answers to all the questions were similar. All the students in Room No. 1 gave wrong answer to question No. 19 and correct answers were written after cutting the same. Some of the students gave answer to question No. 16 which was never asked in the question paper. The answers of question No. 21, 22, 23 and 24 were almost same of all the students.
All the students in Room No. 1 gave wrong answer to question No. 19 and correct answers were written after cutting the same. Some of the students gave answer to question No. 16 which was never asked in the question paper. The answers of question No. 21, 22, 23 and 24 were almost same of all the students. The Board came to the conclusion that the said students had used unfair means in Social Science (II) paper. Therefore their examination, including the petitioners, was cancelled on the ground that use of unfair means was found to be proved against them. According to the respondent Board, no illegality had been committed in cancelling the examination of the petitioners and other similarly situated persons because the same had been done after issuing charge sheet, calling upon the students in the office of the Board for personal hearing and obtaining reports from the experts. 5. In order to have a complete and correct picture of the facts which are essential for deciding the controversy raised in this matter, we may refer to some documents which have been placed on record by the respective parties.
5. In order to have a complete and correct picture of the facts which are essential for deciding the controversy raised in this matter, we may refer to some documents which have been placed on record by the respective parties.
5. In order to have a complete and correct picture of the facts which are essential for deciding the controversy raised in this matter, we may refer to some documents which have been placed on record by the respective parties. A report was submitted by an examiner on 23.5.2009 which reads as under:- lsok esa] Jheku~ fxfjjkt d`".k ekFkqj mifuns'kd ¼xksiuh;½ ek/;fed f'k{kk cksMZ] tks/kiqj fo"k;& mRrj iqfLrdk,a tkaprs le; ijh{kkfFkZ;ksa }kjk vuqfpr lk/ku viukus dke lansg gksukA egksn;] mDr fo"k; esa fuosnu gS fd izosf'kdk ijh{kk 2009 dh lkekftd foKku f}rh; i= dh mRrj iqfLrdkvksa ds vuqØekad 2004630] 2004659 rd dh dsUnz la[;k 646 dh lHkh 30 mRrjiqfLrdkvksa esa lkewfgd udy djk;s tkus dk lUnsg izrhr gksrk gSA bl fo"k; esa izeq[k ijh{kd egksn; Øekad ¼MO 112½ ls ppkZ ds mijkar nwjHkk"k ls izkIr funsZ'kkuqlkj lafnX/k lHkh rhl mRrjiqfLrdkvksa dks vko';d dk;Zokgh gsrq vkidh lsok esa layXu dj fHktok;k tk jgk gSA mÙkjiqfLrdkvksa esa vuqfpr lk/ku viuk;s tkus dke foLr`r fooj.k fuEukuqlkj gS% 1- vuqØekad 2004630 ls 2004659 rd dh mRrjiqfLrdkvksa ds voyksdu ls ,slk izrhr gksrk gS fd dsUnz ij nks d{kksa esa vyx-vyx O;fDr;ksa ds }kjk Nk=ksa dks ekSf[kd mPpkj.k ds }kjk cM+s bfReuku ls lHkh iz'uksa ds mRrj fy[kk;s x;s gSaA bl dk;Z esa leLr dsUnz ij dk;Z djus okys deZpkfj;ksa fd feyhHkxr ls bUdkj fd;k tkuk laHko ugha gSA 2- latho ikl cqd dh lgk;rk ls iz'uksa dks fy[kk x;k gS mnkgj.kkFkZZ& iz'u la[;k 20 i`"B la[;k 337] iz'u la[;k 24 i`"B la[;k 428] iz'u la[;k 21 i`"B la[;k 349 ,oa 350] iz'u la[;k 17 i`"B la[;k 385] iz'u la[;k 7 i`"B 229 vkfnA 3- ikB~; iqLrd ls Hkh iz'u la[;k 14 i`"B la[;k 49] iz'u la[;k 15 i`"B la[;k 57 vkfnA 4- ,slk izrhr gksrk gS fd vuqØekad 2004630 ls 2004649 rd ds 20 Nk= ,d d{k esa cSBs gks 'ks"k Nk= nwljs d{k esaA tSls iz'u la[;k 19 dk mRrj d{k la- 01 esa cSBs Nk=ksa dks igys xyr fy[kk;k x;k iqu% la'kksf/kr dj fy[kk;k bl dkj.k lHkh Nk=ksa dk iwoZ esa fy[kk;k x;k mRrj dVk gqvk gS tcfd d{k la[;k 02 esa xyr mRrj gh fy[kk gqvk gS mls la'kksf/kr ugha djk;k x;kA 5- lHkh Nk=ksa ds lHkh iz'uksa ds mRrj dh Hkk"kk ,d leku gS] dsoy vUrj Nk=ksa dh fy[kkoV ,oa mPpkj.k dk lgh Kku ugha gksus rFkk vkokt dks le> ugha ikus dk gS tSls iz'u la- 15 esa 1951 dks 1991] iz'u la- 7 ^^'kSyks* dks 'kgjksa] iz'u la- 5 esa fo'kk[kkiV~Vue dks 'kk[kkiV~Vue f'k[kk iue vkfn] iz'u la- 13 ds gkMZ os;j ,oa lkV os;j dks gkos;j] lkos;j] vkMosZ;j vkfnA 6- vf/kdka'kr;k Nk=ksa ds iz'uksa dk mRrj ,slk
mPpkj.k dk lgh Kku ugha gksus rFkk vkokt dks le> ugha ikus dk gS tSls iz'u la- 15 esa 1951 dks 1991] iz'u la- 7 ^^'kSyks* dks 'kgjksa] iz'u la- 5 esa fo'kk[kkiV~Vue dks 'kk[kkiV~Vue f'k[kk iue vkfn] iz'u la- 13 ds gkMZ os;j ,oa lkV os;j dks gkos;j] lkos;j] vkMosZ;j vkfnA 6- vf/kdka'kr;k Nk=ksa ds iz'uksa dk mRrj ,slk izrhr gksrk gS fd 'kq: ds 1@2 ?kaVs esa gh fy[kuk 'kq: dj fn;k x;k D;ksafd Øe 'kq:vkr ds rhu pkj iz'uksa ds mRrjksa ds Øe ds vykok lHkh mRrjksa dk Øe gy djus dk Hkh leku gS tSls vf/kdka'k us 1] 12] 19] 17] 5] 2 3] 4] 6] 7] 14] 20] 18] 19] 24] 22] 21] 15] 9] 10] 8] 11] 16] 23]13 Øekad ds iz'uksa dks Øe ls gy fd;k gSA 7- leLr iz'uksa ds gy djus esa ,d:irk gS rFkk Hkk"kk o fy[ks dk <ax Hkh leku gSA 8- vuqRrh.kZ Nk= vuqØekad 2004637] 643] 659 ¼rhu Nk=½ ds Nk=ksa ij 'kq) fgUnh fy[kuk ugha vkrk gS fdUrq mUgksaus Hkh tSlk dkuksa ls lquk mlds vk/kkj ij iz'uksa dks fy[kus dk iwjk iz;kl fd;k gS rHkh mudh fy[kkoV i<+us esa ugha vkus ds dkj.k mPpkj.k dh =qfV Li"V fn[kkbZ nsrh gSA egksn;] mRrj iqfLrdkvksa ds voyksdu ls lHkh fLFkfr Lo;a Li"V gksrh gSA vr% vki vko';d dk;Zokgh djus fd d`ik djsaA vkidk -sd- jes'kpan ekEeksfj;k ¼9409½ ofj"B v/;kid Similarly, another report was submitted by an examiner on 4.6.2009 which is extracted hereunder:- ^^lsok esa] Jheku funs'kd egksn; ¼xksiuh;½ ek/;fed f'k{kk cksMZ] jkt- ¼vtesj½A fo"k; & dsUnz ladsrkad 646 dh mRrjiqfLrdkvksa ds tkap ds Øe esaA egksn;th] mijksDr fo"k;kUrxZr fuosnu gS fd esjs }kjk izosf'kdk ijh{kk dh lkekftd foKku-f}rh; i= dsUnz ladsrkad 646 dh jks-ua- 2004660 ls 2004886 rd dqy iathd`r Nk= 227 vuq- Nk= 02 ¼2004194] 869½ dqy 225 mRrjiqfLrdk,a tkap fd xbZA bl dsUnz dh lHkh tkap dh mRrj iqfLrdkvksa ds i'pkr~ ,slk izrhr gksrk gS fd iz'u la[;k 1 ls 20 rd ds iz'uksa dk mRrj ekSf[kd :i ls gy djk;k x;k gksA T;knkrj Nk=ksa us fucU/kkRed iz'uksa dks de gy fd;k FkkA iz'u i= ds iz'u la- 16 dh txg cgqr ls Nk=ksa us ewY; o`f) ds dkj.k crk;sA tks bl iz'u i= esa iz'u ugha gSA bl dsUnz dk ijh{kk ifj.kke 97-33% jgkA ek= 6 Nk= vuqRrh.kZ gq, ftudks 'kq) fy[kuk ugha vkrk FkkA lwpuk Jheku fd lsok esa mfpr dk;Zokgh djus dh
us fucU/kkRed iz'uksa dks de gy fd;k FkkA iz'u i= ds iz'u la- 16 dh txg cgqr ls Nk=ksa us ewY; o`f) ds dkj.k crk;sA tks bl iz'u i= esa iz'u ugha gSA bl dsUnz dk ijh{kk ifj.kke 97-33% jgkA ek= 6 Nk= vuqRrh.kZ gq, ftudks 'kq) fy[kuk ugha vkrk FkkA lwpuk Jheku fd lsok esa mfpr dk;Zokgh djus dh d`ik djsaA jkes'oj yky xqtZj -sd- ijh{kd ladsrkad ¼9411½ The letter/notice dated 10.7.2009 given to the petitioners is as follows:- ek/;fed f'k{kk cksMZ] jktLFkku] vtesj 97539-659 Øekad % ek-f'k-cks-@xksi@v-lk-@2009 fnukad 10-7-2009 izs"kd %- lfpo ek/;fed f'k{kk cksMZ] jktLFkku] vtesj izsf"kr % ijh{kkFkhZ ukekad % ukekad 2004776 jktsUnz xoZ@Jh fo|k/kj xzke o iksLV ?kksM+h okMk [kqnZ ftyk ¼>qU>quwa½ mPp ek/;fed@ek/;fed ijh{kk 2009 ds fuEukafdr iz'u i=ksa ds lacaf/kr ijh{kd ls izkIr fjiksVZ ds vk/kkj ij vkids fo:) vkjksi gS fd vkius fuEukafdr iz'u i=@i=ksa ds lEeq[k vafdr iz'uksa ds mRrj fy[kus esa vuqfpr lk/kuksa dk iz;ksx fd;k gS& iz'u i=----- lkekftd foKku -f}rh; i= ---ds---13 --- iz'u vkids mDr fo"k;@fo"k;ksa ds iz'u i=ksa dks gy djus esa& 1- ukekad------ls ijLij udy dh gS vFkok 2- dsUnz ij ckgjh lgk;rk@cksydj mRrj fy[kok;s gS vFkok 3- leku lw=@iphZ bR;kfn ls lgk;rk izkIr dj mRrj fy[ks gS vFkok 4- ikl cqd@ikB~; iqLrd ls udy dj mRrj fy[ks gSA 5- vU; O;fDr ds gLrys[k@fHkUu L;kgh ls mRrj gy djok;s gSA ;g vki }kjk ijh{kk ds nkSjku vuqfpr lk/ku iz;ksx fd;k tkuk Li"Vr% izdV djrk gS tks cksMZ fu;eksa ds foijhr ,oa n.Muh; gSA vkidk ekeyk lacaf/kr fjdkMZl lfgr ifj.kke lfefr ds lEeq[k j[kk x;kA lfefr us izLrqr lk{; fjiksVZ dks n`f"Vxr j[krs gq, vkids fo:) mDr vkjksi ik;k gS] ftlesa vkids fo:) izFke n`"V;k izdj.k Li"V gSA ,slh fLFkfr esa cksMZ fu;ekuqlkj vkidk ifj.kke jksddj vkidk Li"Vhdj.k ysus ,oa Li"Vhdj.k esa ;fn vki vkjksi Lohdkj djsa rks vkidks tkap vf/kdkjh ds le{k O;fDr'k% gksdj fLFkfr Li"V djus dk volj iznku djuk ifj.kke lfefr us vko';d le>k gSA rnuqlkj vkidk ifj.kke jksddj vkidks ,rn }kjk lwfpr fd;k tkrk gS fd vki mijksDr lanHkZ esa viuk Li"Vhdj.k fnukad 20-7-09 rd bl i= dk lUnHkZ nsrs gq, jftLVMZ Mkd ls fHktok ns] lkFk gh ;g Li"V djsa fd D;ksa ugha mijksDr vkjksiksa ds dkj.k vkids fo:) cksMZ fu;ekuqlkj dk;Zokgh dh tkosaA ;fn vki vius fo:) yxk;s x;s vkjksiksa dks Lohdkj ugha djrs gS rFkk O;fDrxr lquokbZ dk volj pkgrs gS rks fnukad 21-7-09 dks izkr% 11-00 cts bl
fnukad 20-7-09 rd bl i= dk lUnHkZ nsrs gq, jftLVMZ Mkd ls fHktok ns] lkFk gh ;g Li"V djsa fd D;ksa ugha mijksDr vkjksiksa ds dkj.k vkids fo:) cksMZ fu;ekuqlkj dk;Zokgh dh tkosaA ;fn vki vius fo:) yxk;s x;s vkjksiksa dks Lohdkj ugha djrs gS rFkk O;fDrxr lquokbZ dk volj pkgrs gS rks fnukad 21-7-09 dks izkr% 11-00 cts bl dk;kZy; esa tkap vf/kdkjh ds le{k mifLFkr gks ldrs gSA O;fDrxr lquokbZ ds le; vkidks vkids ekeys ls lacaf/kr ewy izys[k@mRrj iqfLrdk;sa@fjiksVZ vkfn tks vki ns[kuk pkgsaxs] os Hkh fn[kk fn;s tk;saxsA vki Hkh ,sls izek.k i=kfn Dykl uksV~l iklcqd] iqLrd vkfn ftuds vk/kkj ij vkius v/;;u dj vkjksfir iz'u ds mRrj fy[ks gS tkap vf/kdkjh dks vius i{k esa fn[kkuk pkgsa rks mUgsa vius lkFk vo'; ysdj vkosaA mDr le;kof/k esa vkidk Li"Vhdj.k izkIr ugha gqvk rks ;g le> fy;k tk;sxk fd vki vius cpko esa dqN ugha dguk pkgrs gS vkSj u gh dksbZ fjdkWMZ vkfn ns[kuk pkgrs gS rFkk vius fo:) yxk;s x;s mDr vkjksiksa dks Lohdkj djrs gSaA bl fLFkfr esa cksMZ fu;eksa ds lUnHkZ esa vkids izdj.k esa ,d rjQk dk;Zokgh dj fu.kZ; ys fy; tkosxkA O;fDrxr lquokbZ ds nkSjku ijh{kkFkhZ dks ;g vf/kdkj ugha gksxk fd og viuk izfrfuf/kRo fdlh oS/kkfud ijke'kZnkrk@odhy@ IyhMj@vU; dksbZ O;fDr ls djk lds rnHkZ og mUgsa vius lkFk ugha ykosaA O;fDrxr lquokbZ ds fy, mifLFkr gksus gsrq vkidks cksMZ }kjk fdlh izdkj dk dksbZ ;k=k O;; vkfn ns; ugha gksxk] bls vki uksV dj ysaA** lgk;d funs'kd ¼xksiuh;½ The report of the Assistant Director (Secrecy), Board of Secondary Education Rajasthan, after giving opportunity of hearing; considering the replies of the students and their submissions is reproduced hereunder:- ek/;fed f'k{kk cksMZ jktLFkku fVIi.kh ,oa vkns'k ijh{kk dsUnz 646 ¼15029½ dh izosf'kdk ijh{kk 2009 fo"k; lkekftd foKku f}rh; ds ijh{kkfFkZ;ksa ¼jksy ua- 20044630 ls 2004886½ dh O;fDrxr lquokbZ fnukad 17-7-09 ls 24-7-09 rd ds vk/kkj ij mRrj iqfLrdkvksa dk feyku fd;k x;k ftlesa fuEu lkj.kh ds vuqlkj iz'uksa ds mRrj fcydqy leku ik;s x;s rFkk vf/kdka'k fLFkfr;ksa esa iz'uksa ds gy djus dk Øe Hkh leku ik;k x;kA S. No. Room No. Roll No. iz'uksa ds Øekad ftuds mRrj gqcgw feyrs gSa 1 1 20044630 17, 5, 4, 23, 6, 7, 14, 20, 18, 19, 24, 22, 21, 15, 9, 10, 8, 11, 23, 16, 13 2 1 631 17, 5, 4, 23, 6, 7, 14, 20, 18, 19, 24, 22,
djus dk Øe Hkh leku ik;k x;kA S. No. Room No. Roll No. iz'uksa ds Øekad ftuds mRrj gqcgw feyrs gSa 1 1 20044630 17, 5, 4, 23, 6, 7, 14, 20, 18, 19, 24, 22, 21, 15, 9, 10, 8, 11, 23, 16, 13 2 1 631 17, 5, 4, 23, 6, 7, 14, 20, 18, 19, 24, 22, 21, 15, 9, 10, 8]11, 23, 16, 13 3 1 632 17, 4, 6, 14, 20, 18, 19, 24, 22, 21, 15, 9, 10, 8, 11, 23, 16, 13 4 1 633 17, 4, 6, 14, 20, 18, 19, 24, 22, 21, 15, 9, 10, 8, 11, 23, 16, 5 1 634 12, 17, 5, 2, 3, 4, 7, 14, 20, 18, 19, 24, 22, 21, 5, 9, 10, 8, 11, 23, 16, 13 6 1 635 12, 17, 2, 5, 3, 6, 7, 14, 20, 18, 19, 24, 22, 21, 15, 9, 10, 8, 11, 23, 16, 13 7 1 637 12, 17, 5, 2, 3, 4, 7, 14, 20, 19, 24, 22, 21, 15, 9, 10, 11, 23, 16, 23 8 1 641 12, 17, 3, 4, 6, 7, 14, 5, 20, 18, 19, 24, 22, 21, 9, 15, 11, 23, 2, 13, 10, 8 9 1 642 19, 24, 22, 21, 15, 9, 10, 8, 11, 16, 23, 13 10 1 643 12, 17, 5, 4, 2, 3, 6, 7, 14, 20, 18, 19, 24, 22, 21, 15, 9, 10, 8, 11, 23, 16, 13 11 1 644 19, 24, 22, 21, 15, 9, 10, 8, 11, 23, 16, 13 12 1 645 12, 17, 5, 4, 2, 3, 6, 7, 14, 20, 18, 19, 24, 22, 21, 15, 9, 10, 8, 11, 23, 16, 13 13 1 646 18, 19, 24, 20, 22, 21, 15, 9, 8, 11, 23, 16, 13 14 1 647 19, 24, 22, 21, 15, 9, 10, 8, 11, 23, 16, 13 15 1 648 19, 24, 22, 16, 21, 5, 23 16 1 649 19, 24, 22, 21, 15, 9, 10, 11, 23, 16, 13 17 2 660 17, 19, 14, 7, 6, 18, 16, 24, 15, 11, 21, 13 18 2 661 17, 14, 19, 7, 6, 20, 9, 18, 16, 24, 15, 11, 13 19 2 662 17, 14, 19, 18, 16, 11, 20, 24, 15, 10, 13 20 2 663 17, 14, 19, 18, 16, 11, 20, 24,
11, 23, 16, 13 17 2 660 17, 19, 14, 7, 6, 18, 16, 24, 15, 11, 21, 13 18 2 661 17, 14, 19, 7, 6, 20, 9, 18, 16, 24, 15, 11, 13 19 2 662 17, 14, 19, 18, 16, 11, 20, 24, 15, 10, 13 20 2 663 17, 14, 19, 18, 16, 11, 20, 24, 15, 10, 13 21 2 664 17, 12, 19, 18, 16, 11, 14, 7, 20, 24, 15, 10, 8, 9, 21 22 2 665 17, 12, 19, 14]7, 11, 18, 16, 20, 24, 15, 10, 22, 13, 8, 9, 21 23 2 667 17, 19, 14, 18, 16, 20, 24, 15, 10, 11, 21, 22, 13, 23 24 2 668 17, 19, 14, 18, 16, 20, 24, 15, 10, 11, 21, 22, 13 25 2 674 8, 9, 10, 11, 15, 21, 23, 13 26 3 675 8, 9, 10, 11, 15, 21, 23, 13 27 3 685 16, 17, 18, 19, 20, 24, 8, 9, 10, 11, 15, 21, 23, 13 28 3 686 16, 17, 18, 19, 20, 24, 8, 9, 10, 11, 15, 21, 23, 13 29 3 687 16, 17, 18, 20, 24, 8, 10, 11, 15, 21, 23 30 3 688 16, 17, 18, 20, 24, 8, 10, 11, 15, 21, 23, 13 31 3 689 16, 18, 20, 24, 9, 10, 15, 21, 23 32 4 690 16, 18, 20, 24, 11, 9, 10, 13, 21, 23 33 4 691 17, 19, 18, 16, 20, 24, 11, 9, 15, 21, 23, 13 34 4 692 17, 19, 18, 16, 20, 24, 11, 9, 15, 21, 23, 13 35 4 693 17, 19, 16, 8, 20, 11, 10, 15, 21, 23, 13 36 4 694 17, 19, 16, 8, 24, 9, 15, 21, 23, 13 37 4 695 17, 19, 8, 18, 16, 20, 24, 11, 9, 10, 15, 21, 23, 13 38 4 696 17, 19, 8, 18, 16, 20, 24, 11, 9, 10, 15, 21, 23, 13 39 4 697 17, 19, 8, 18, 16, 20, 24, 11, 9, 10, 15, 21, 23, 13 40 4 698 17, 19, 8, 18, 16, 2, 20, 24, 11, 9, 10, 15, 21, 23, 13 41 4 699 17, 19, 8, 18, 16, 20, 24, 11, 9, 10, 15, 21, 23, 13 42 4 20044700 17, 19, 8, 18, 16, 20, 24, 11, 9, 10, 15,
18, 16, 20, 24, 11, 9, 10, 15, 21, 23, 13 40 4 698 17, 19, 8, 18, 16, 2, 20, 24, 11, 9, 10, 15, 21, 23, 13 41 4 699 17, 19, 8, 18, 16, 20, 24, 11, 9, 10, 15, 21, 23, 13 42 4 20044700 17, 19, 8, 18, 16, 20, 24, 11, 9, 10, 15, 21, 23, 13 43 4 701 17, 19, 8, 18, 16, 20, 24, 11, 9, 10, 15, 21, 23, 13 44 4 702 17, 19, 8, 18, 16, 20, 24, 11, 9, 10, 15, 21, 23, 13 45 4 703 17, 19, 18, 16, 20, 24, 11, 9, 10, 15, 21, 23, 13 46 4 704 17, 19, 18, 16, 20, 24, 11, 9, 10, 15, 21, 23, 13 47 4 705 17, 19, 8, 18, 16, 20, 24, 11, 9, 10, 15, 21, 23, 13 48 4 706 17, 19, 8, 18, 16, 20, 24, 11, 9, 10, 15, 21, 23, 13 49 4 707 17, 19, 8, 18, 16, 20, 24, 11, 9, 10, 15, 21, 23, 13 50 4 708 17, 19, 8, 18, 16, 20, 11, 9, 10, 15, 24, 13, 21, 23 51 4 709 17, 19, 8, 18, 16, 20, 24, 11, 9, 10, 15, 21, 23, 13 52 5 710 17, 16, 19, 20, 9, 10, 11, 24, 15, 23, 13 53 5 711 17, 19, 16, 18, 20, 12, 8, 9, 10, 11, 24, 15, 13 54 5 712 17, 14, 19, 9, 12, 8, 16, 11, 18, 20, 24, 23, 15, 13, 21 55 5 713 17, 16, 8, 19, 18, 20, 9, 10, 11, 24, 15, 23, 21, 13 56 5 714 17, 19, 16, 18, 20, 8, 9, 10, 11, 24, 15, 23, 21, 13 57 5 715 17, 19, 9, 10, 16, 18, 20, 11, 23, 13, 21 58 5 722 17, 19, 16, 18, 20, 9, 10, 11, 24, 15, 13 59 5 723 17, 19, 12, 16, 18, 20, 8, 10, 13, 9, 11, 24, 15 60 5 724 17, 19, 16, 8, 10, 18, 20, 9, 11, 24, 13 61 5 725 17, 19, 16, 18, 20, 8, 10, 9, 11, 24, 15, 13, 21 62 5 726 17, 19, 16, 18, 20, 21, 8, 9, 10, 11, 24, 15, 13 63 5 727 17, 18, 19, 16, 20, 8, 9, 11, 24, 15, 13
60 5 724 17, 19, 16, 8, 10, 18, 20, 9, 11, 24, 13 61 5 725 17, 19, 16, 18, 20, 8, 10, 9, 11, 24, 15, 13, 21 62 5 726 17, 19, 16, 18, 20, 21, 8, 9, 10, 11, 24, 15, 13 63 5 727 17, 18, 19, 16, 20, 8, 9, 11, 24, 15, 13 64 5 728 17, 19, 12, 16, 18, 20, 8, 9, 10, 11, 24, 15, 21, 13 65 6 730 17, 19, 20, 18, 24, 16, 23, 21, 8, 9, 10, 13 66 6 731 17, 19, 20, 18, 16, 24, 8, 23, 2, 10, 11, 13 67 6 732 17, 19, 20, 18, 16, 24, 8, 9, 10, 11 68 6 733 17, 19, 20, 18, 16, 24, 8, 9, 10, 11 69 6 736 17, 19, 20, 18, 16, 24, 23, 21, 8, 9, 10, 11, 13 70 6 737 17, 20, 19, 16, 24, 23, 21, 8, 9, 10, 11, 13 71 6 738 17, 19, 20, 18, 16, 24, 23, 21, 8, 9, 10, 11, 13 72 6 739 17, 19, 20, 18, 16, 24, 23, 21, 8, 9, 10, 11, 13 73 6 740 17, 19, 18, 16, 24, 23, 21, 13, 8, 9, 10, 11 74 6 741 17, 19, 20, 16, 24, 23, 21, 10, 11, 13 75 6 742 17, 19, 20, 18, 16, 24, 23, 21, 8, 9, 10, 11, 13 76 6 743 17, 20, 16, 18, 24, 23, 21, 8, 10, 9, 11, 13 77 6 744 17, 19, 20, 18, 16, 24, 23, 21, 8, 9, 10, 11, 13 78 6 745 17, 19, 20, 18, 16, 8, 11, 24, 23, 13 79 6 746 17, 19, 20, 18, 8, 9, 10, 11, 16, 24, 23, 21 80 6 747 17, 19, 20, 18, 16, 24, 23, 21, 11, 21 81 6 748 17, 19, 18, 20, 16, 24, 2, 3, 8, 9, 10, 11 82 6 749 17, 19, 20, 18, 16, 24, 21, 8, 9, 10, 11, 13 83 6 2004750 17, 19, 20, 18, 16, 24, 21, 8, 13 84 6 751 19, 17, 20, 18, 16, 13, 24, 23, 21, 9, 10, 8, 11 85 6 752 17, 19, 20, 18, 16, 24, 23, 21, 13, 8, 9, 10, 11 86 6 753 17, 19, 20, 18, 24, 11, 21, 13 87 ª7 754
11, 13 83 6 2004750 17, 19, 20, 18, 16, 24, 21, 8, 13 84 6 751 19, 17, 20, 18, 16, 13, 24, 23, 21, 9, 10, 8, 11 85 6 752 17, 19, 20, 18, 16, 24, 23, 21, 13, 8, 9, 10, 11 86 6 753 17, 19, 20, 18, 24, 11, 21, 13 87 ª7 754 17, 19, 16, 18, 8, 9, 13, 24, 23, 11, 15, 20, 21 88 7 755 17, 19, 16, 18, 13, 24, 23, 20, 9, 10, 11, 21 89 7 756 17, 19, 16, 18, 24, 8, 9, 10, 11, 21 90 7 757 17, 19, 16, 18, 12, 23, 24, 8, 9, 10, 21, 13 91 7 758 17, 19, 16, 18, 12, 23, 24, 10, 11, 21, 13 92 7 759 17, 19, 20, 16, 18, 21, 24, 23 93 7 760 17, 19, 16, 18, 24, 23, 8, 9, 10, 21, 13 94 7 761 19, 17, 16, 18, 24, 8, 9, 10, 11, 13 95 7 763 17, 19, 16, 18, 22, 23, 24, 10, 11, 21 96 7 764 17, 19, 18, 11, 16, 8, 10, 23, 24, 13, 20 97 7 765 17, 19, 16, 18, 12, 24, 8, 9, 10, 11 98 7 766 17, 19, 16, 18, 8, 9, 10, 11, 21, 13 99 7 767 17, 19, 16, 18, 12, 23, 24, 8, 10 100 7 768 17, 19, 16, 18, 12, 23, 24, 10, 11 101 7 769 17, 19, 16, 18, 11, 12, 23, 24, 21 102 7 770 17, 19, 18, 16, 12, 23, 24, 8, 9, 10, 11, 21, 13 103 7 771 17, 19, 16, 18, 12, 23, 24, 8, 9, 10, 11, 13 104 7 772 17, 19, 16, 18, 12, 24, 23, 9, 10, 11, 13 105 7 773 17, 19, 16, 18, 12, 24, 23, 8, 9, 10, 11, 13 106 8 774 17, 18, 16, 20, 24, 8, 9, 10, 21, 13 107 8 775 17, 18, 16, 24, 8, 9, 10, 11, 21, 23, 13 108 8 776 17, 16, 20, 18, 12, 24, 8, 9, 10, 11, 21, 13, 24 109 8 777 20, 24, 8, 9, 10, 11, 21, 13 110 8 779 17, 16, 18, 20, 24, 8, 9, 10, 11, 21, 23, 13 111 8 780 17, 18, 16, 20, 24, 10, 11, 21, 23, 13 112
11, 21, 23, 13 108 8 776 17, 16, 20, 18, 12, 24, 8, 9, 10, 11, 21, 13, 24 109 8 777 20, 24, 8, 9, 10, 11, 21, 13 110 8 779 17, 16, 18, 20, 24, 8, 9, 10, 11, 21, 23, 13 111 8 780 17, 18, 16, 20, 24, 10, 11, 21, 23, 13 112 8 781 17, 16, 18, 12, 24, 8, 10, 11, 21 113 8 782 17, 16, 20, 18, 12, 24, 9, 10, 11, 21, 13, 23 114 8 783 13, 12, 24, 11, 15, 21 115 8 784 17, 16, 20, 18, 12, 24, 15, 10, 11, 21, 23 116 8 785 17, 16, 20, 24, 15, 8, 9, 10, 11, 21 117 8 786 17, 16, 20, 18, 12, 21, 8, 9, 10, 11, 21, 13 118 8 788 17, 16, 20, 18, 12, 24, 8, 9, 10, 11, 21, 13 119 8 789 17, 16, 20, 24, 8, 9, 10, 11, 21, 13 120 8 790 17, 20, 18, 24, 8, 9, 10, 11, 21, 13 121 8 791 17, 16, 20, 24, 8, 9, 10, 11, 21, 13, 23 122 8 793 17, 16, 20, 18, 12, 24, 10, 11, 21, 23 123 9 795 20, 21, 15, 8, 9, 10, 11 124 9 2004797 8, 9, 10, 11, 23, 13, 14, 15, 16, 17 125 9 798 8, 9, 10, 11, 23, 21, 13 126 9 799 20, 21, 15, 8, 10, 23 127 9 800 19, 15, 17, 24, 18, 20, 21, 23 128 9 801 2, 3, 4, 5, 6, 7, 14, 16, 18, 20, 15, 8, 9, 10, 11, 13 129 9 802 2, 3, 4, 5, 6, 7, 14, 16, 18, 20, 15, 8, 9, 10, 11, 13 130 9 803 17,19,2,3,4, 5, 6, 7, 14, 16, 18, 20, 2, 9, 8, 10, 11, 13 131 9 804 17, 19, 2, 3, 4, 5, 6, 7, 14, 16, 18, 20, 8, 10, 11, 13 132 9 806 17, 19, 2, 3, 4, 5, 6, 14, 16, 7, 18, 20, 8, 9, 10, 11 133 9 807 17, 19, 4, 5, 6, 7, 14, 16, 18, 20, 8, 9, 10, 11, 13 134 9 808 17, 19, 2, 3, 4, 5, 6, 7, 14, 16, 15, 8, 20, 9, 10, 11, 13 135 9 809 17,19,2,3,4,5,6,7, 14, 16, 18, 20, 15, 8, 9,
5, 6, 14, 16, 7, 18, 20, 8, 9, 10, 11 133 9 807 17, 19, 4, 5, 6, 7, 14, 16, 18, 20, 8, 9, 10, 11, 13 134 9 808 17, 19, 2, 3, 4, 5, 6, 7, 14, 16, 15, 8, 20, 9, 10, 11, 13 135 9 809 17,19,2,3,4,5,6,7, 14, 16, 18, 20, 15, 8, 9, 10, 11, 13 136 9 810 2,3,4,7,5,8,12,17,19,6,14,16,18,20, 15, 9, 10, 11, 13 137 9 811 17,19,2, 3, 4, 5, 6, 7, 14, 16, 18, 20, 8, 9, 10, 11, 13 138 9 812 2, 3, 4, 12, 17, 19, 5, 6, 7, 14, 16, 18, 8, 20, 15, 9, 10, 11, 13 139 9 813 2,3,4,5,6,7,14,16, 18, 15, 8, 9, 10, 11, 12, 17, 21, 20 140 9 814 17, 4, 19, 23, 5, 6, 7, 16, 14, 18, 20, 21, 15, 8, 9, 13 141 10 815 2, 4, 3, 5, 8, 9, 10, 7, 12, 11, 14, 17, 19, 16 142 10 816 2,3,5,4,6,7,14,17, 19, 18, 16, 24, 15, 8, 9, 10, 11, 13 143 10 817 2, 3, 4, 6, 16, 15, 17, 14, 12, 17, 18, 5, 8, 9, 10,13,11 144 10 818 2, 3, 5, 4, 7, 6, 14, 12, 18, 17, 16, 19, 9, 15,11,10, 13 145 10 819 2, 3, 4, 5, 6, 18, 16, 24, 15, 8, 9, 10, 11, 13 146 10 820 2, 3, 4, 5, 6, 7, 19, 12, 14, 17, 18, 16, 8, 9, 10, 11, 13 147 10 821 2, 3, 4, 5, 6, 7, 8, 10, 14, 12, 9, 11,17,19,15,18,16,13 148 10 830 2,3,4,5,6,7,8,9,10,11,12,13,14,15, 16, 17, 18, 19, 20 149 10 831 2,3,4,5,6,7,8,9,10,11,12,13,14, 15, 16, 17, 18, 19, 20 150 10 832 2, 3, 4, 5, 6, 7, 8, 10, 11, 12, 13, 14, 15, 17, 18 151 10 833 2, 3, 4, 5, 6, 7, 12, 14, 17 152 11 836 2,3,4,5,6,7,8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19 153 11 837 2, 3, 4, 5, 6, 7, 8, 9, 12, 13, 14, 15, 16, 17, 18, 19 154 11 838 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12,13,14,15,16,17,18, 19 155 11 839 8, 9, 10, 11, 13, 15, 16, 17, 18, 19, 24 156 11 840 3, 4, 5, 6, 7, 8, 9, 10, 11, 14, 15, 16, 17, 18, 19 157 11 842 2, 3, 4,
13, 14, 15, 16, 17, 18, 19 154 11 838 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12,13,14,15,16,17,18, 19 155 11 839 8, 9, 10, 11, 13, 15, 16, 17, 18, 19, 24 156 11 840 3, 4, 5, 6, 7, 8, 9, 10, 11, 14, 15, 16, 17, 18, 19 157 11 842 2, 3, 4, 5, 6, 7, 8, 10, 11, 12, 13, 14, 16, 17, 18, 19 158 11 843 2, 3, 4, 5, 6, 7, 8, 10, 11, 13, 14, 16, 17, 18, 19 159 11 848 2,3,4,5,6,7,8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19 160 11 849 2,3,4,5,6,7,8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19 161 11 850 2,3,4,5,6,7,8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19 162 11 851 2,3,4,5,6,7,8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19 163 11 852 2,3,4,5,6,7,8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19 164 11 853 2,3,4,5,6,7,8,9,10,11,12,13,14, 15, 16, 17, 18, 19, 24 165 11 2004854 8, 9, 10, 11, 12, 13, 15, 16, 17, 18, 19 166 12 855 8, 9, 10, 11, 13, 15, 16, 17, 18, 19 167 12 856 8, 10, 11, 15, 16, 17, 18, 19 168 12 857 8, 9, 10, 11, 13, 15, 16, 17, 18, 19 169 12 858 8, 9, 10, 11, 13, 15, 16, 17, 18, 19 170 12 859 8, 10, 11, 13, 15, 16, 17, 18, 19 171 12 860 10, 11, 13, 15, 16, 17, 18, 19 172 12 861 8, 10, 11, 13, 15, 16, 17, 18, 19 173 12 862 8, 9, 10, 11, 13, 15, 16, 17, 18, 19 174 12 863 8, 9, 10, 11, 13, 15, 16, 17, 19 175 12 864 8, 9, 10, 11, 13, 14, 15, 16, 17, 18, 19 176 12 865 8, 9, 10, 11, 13, 16, 17, 18, 19 177 12 866 8, 10, 11, 15, 16, 18, 19 178 12 867 8,9,10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 3, 4, 5, 6, 7 179 12 868 2, 3, 5, 7, 8, 9, 10, 14, 15, 16, 17, 18, 19 180 12 870 2,3,4,5,6,7,8, 9, 10, 11, 12, 13, 15, 16, 14, 17, 18, 19 181 12 871 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 14,
11, 12, 13, 14, 15, 16, 17, 18, 19, 3, 4, 5, 6, 7 179 12 868 2, 3, 5, 7, 8, 9, 10, 14, 15, 16, 17, 18, 19 180 12 870 2,3,4,5,6,7,8, 9, 10, 11, 12, 13, 15, 16, 14, 17, 18, 19 181 12 871 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 14, 15, 16, 17, 18, 19 182 12 872 2,3,4,5,6,7,8,9,10, 11, 12, 13, 14, 15, 16, 17, 18, 19 183 12 873 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 14, 15, 16, 17, 18, 19 184 12 874 2,3,4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18 185 12 875 2,3,4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18 186 12 876 2,3,4, 5, 6, 7, 8, 9, 10, 11, 13, 14, 15, 16, 17, 18, 19 187 12 877 2,3,4,5,6,7,8,9,10, 11, 12, 13, 14, 15, 16, 17, 18, 19 188 12 878 2,4,5,9,11,12,3, 6, 7, 19, 14, 17, 8, 18, 16, 15, 10, 13 189 12 879 2,3,4,6,12,5,7, 14, 17, 19, 18, 16, 15, 8, 9, 10, 11, 13 190 1 880 17, 14, 15, 16, 7, 14, 20, 18, 19, 13 191 1 881 2, 3, 6, 7, 8, 4, 14, 17, 19, 20, 21, 23, 16, 11, 13 192 1 882 17, 4, 5, 2, 3, 6, 7, 14, 19, 18, 9, 21, 10, 8, 11 193 1 883 17,4,2,5,3,6,7,14, 18, 24, 19, 21, 15, 16, 8, 10, 9, 13 194 1 884 17, 14, 18, 20, 24, 21, 15, 9, 10, 16, 13 195 1 885 2,5,4,12,19,17,6,7,14,18,24,21,15,9,10,8, 11, 16, 13 196 1 886 12,17,2,5,4,3,6,7,14,18,24,19,21,16,8,9,10,2,3,11,13 mijksDr iz'uksa ds mRrj feyku vkSj Øe feyku ds vk/kkj ij fuEu fu"d"kZ izkIr gksrs gSA 1- dsUnz ij cksydj ;k ';keiV~V ij dqN iz'u gy djk;s x;s gksA 2- iz'u i=ksa dks gy djkus dk Øe la[;k ,oa ek= i`Fkd-i`Fkd gS ftuds mRrjksa dk lewgokj feyku gksrk gSA 3- 'kq:vkr ds dqN iz'usa ds mRrj ijh{kkfFkZ;ksa us viuh Lo;a dh ;knnk'r ds vk/kkj ij Hkh fd;s gks mudk mRrj feyku ugha gksrk gS tks bl rF; dks iq"V djrk gS fd mRrj fy[kkus dk dk;Z ijh{kk izkjEHk ds yxHkx 30-40 feuV ckn fd;k gksA 4- fuEca/kkRed iz'u 21] 22] 23] 24 esa gy fd;s x;s mRrj ,oa mudh ek=k ¼dysuj½ yxHkx lHkh mRrj iqfLrdkvksa esa leku
us viuh Lo;a dh ;knnk'r ds vk/kkj ij Hkh fd;s gks mudk mRrj feyku ugha gksrk gS tks bl rF; dks iq"V djrk gS fd mRrj fy[kkus dk dk;Z ijh{kk izkjEHk ds yxHkx 30-40 feuV ckn fd;k gksA 4- fuEca/kkRed iz'u 21] 22] 23] 24 esa gy fd;s x;s mRrj ,oa mudh ek=k ¼dysuj½ yxHkx lHkh mRrj iqfLrdkvksa esa leku gksxk lkewfgd udy ¼fMDVs'ku@ ';keiV~V½ dh iqf"V djrk gksA 5- d{k la- ¼1½ esa cSBs leLr ijh{kkFkhZ;ksa dh mRrj iqfLrdkvksa esa iz'u la[;k dk gy igys vyx fy[kk gqvk gks ftls dkVdj iqu% la'kksf/kr dj lgh mRrj fy[kk gks d{k la- ¼2½ esa xyr mRrj gh fy[kk gks mls dkVk ugha x;k gksA 6- mRrjksa dh Hkk"kk esa vUrj dsoy Jqfr ds vk/kkj ij =qfV gS tSls jksdM cgh ds LFkku ij jksdM ebZ] fo'kk[kkiV~Vue ds LFkku ij 'kk[kk iV~Vue] gkMZos;j ds LFkku ij gkos;j] vkMZos;j vkfnA 7- ftu ijh{kkfFkZ;ksa ds izkIrkad vR;Ur U;wu gS os Jqfr ds vk/kkj ij Bhd fgUnh Hkh ugha fy[kus ds dkj.k gks pwafd muds mRrj dh ek=k ogh gSA ijUrq fyfi vLi"V vkSj v'kq) gSA 8- dqN ijh{kkFkhZ;ksa us iz'u la- 16 dk xyr mRrj Hkh leku fy[kk gks gSA tcfd bl mRrj ls lacaf/kr iz'u gh iz'u i= esa ugha iwNk x;k FkkA mijksDr rF;ksa ds vk/kkj ij cksMZ ijh{kk 2009 esa fuEu ijh{kkfFkZ;ksa ¼dqy 196½ dk lkewfgd udy dk nks"k izekf.kr gksrk gSA lkFk gh dsUnz ij gqbZ vfu;ferrkvksa ds fy, foHkkxh; tkap dh vuq'kalk dh tkrh gSA jksy ua- 2004630 ls 2004635 = ¼6½ jksy ua- 2004637 ls -------------- = ¼1½ jksy ua- 2004641 ls 2004649 = ¼9½ jksy ua- 2004660 ls 2004665 = ¼6½ jksy ua- 2004667 ls 2004668 = ¼2½ jksy ua- 2004674 ls 2004675 = ¼2½ jksy ua- 2004685 ls 2004715 = ¼31½ jksy ua- 2004722 ls 2004728 = ¼7½ jksy ua- 2004730 ls 2004733 = ¼4½ jksy ua- 2004736 ls 2004761 = ¼26½ jksy ua- 2004763 ls 2004777 = ¼15½ jksy ua- 2004779 ls 2004786 = ¼8½ jksy ua- 2004788 ls 2004791 = ¼4½ jksy ua- 2004793 ls -----------------= ¼1½ jksy ua- 2004795 ls ---------------- = ¼1½ jksy ua- 2004797 ls 2004804 = ¼8½ jksy ua- 2004806 ls 2004821 = ¼16½ jksy ua- 2004830 ls 2004833 = ¼4½ jksy ua- 2004836 ls 2004840 = ¼5½ jksy ua- 2004842 ls 2004843 = ¼2½ jksy ua- 2004848 ls 2004868 = ¼21½ jksy ua- 2004870 ls 2004886 = ¼17½ dqy
ls -----------------= ¼1½ jksy ua- 2004795 ls ---------------- = ¼1½ jksy ua- 2004797 ls 2004804 = ¼8½ jksy ua- 2004806 ls 2004821 = ¼16½ jksy ua- 2004830 ls 2004833 = ¼4½ jksy ua- 2004836 ls 2004840 = ¼5½ jksy ua- 2004842 ls 2004843 = ¼2½ jksy ua- 2004848 ls 2004868 = ¼21½ jksy ua- 2004870 ls 2004886 = ¼17½ dqy = 196 ijh{kkFkhZ -sd- lgk;d funs'kd ¼xksiuh;½ ek/;fed f'k{kk cksMZ] jktLFkku] vtesj From the aforesaid facts and circumstances, it is ample clear that instant case is one of mass cheating and use of unfair means.
6. We now propose to proceed to consider the relevant provisions of law in respect of mass cheating/unfair means. The relevant enactment with regard to unfair means was promulgated in State of Rajasthan in the year 1992, by the name of Rajasthan Public Examination (Prevention of Unfair Means) Act, 1992. The Act of 1992 is applicable, as per the Schedule of the Act, to any examination conducted by the Board of Secondary Examination under the Rajasthan Secondary Examination Act, 1957. Section 2(c) of the Act of 1992 gives the definition of unfair means as under:- "2(c)- "unfairmeans" in relation to an examination while answering question in a public examination, means the unauthorised help from any person, or from any material written, recorded or printed, in any form whatsoever or the use of any unauthorised telephonic, wireless or electronic or other instrument or gadget." Section 3 lays down the prohibition for using unfair means as under:- "3. Prohibition of use of unfair means-No person shall use unfair means at any public examination." 7. The respondent Board had issued Anudesh/directions to all the Superintendents of Centre of Examination for the year 2009.
Prohibition of use of unfair means-No person shall use unfair means at any public examination." 7. The respondent Board had issued Anudesh/directions to all the Superintendents of Centre of Examination for the year 2009. The relevant directions, published in the booklet, are in Article 21.3(iii) which are as follows:- ¼d½ ijh{kk d{k esa fdlh vH;kFkhZ dks lgk;rk nsuk vFkok mlls ;k vU; fdlh O;fDr ls lgk;rk izkIr djuk vFkok vU; ls iz'uksRrj feyukA ¼[k½ ijh{kd }kjk fjiksVZ fd;s ekeys ftuesa ifj{kkfFkZ;ksa us ijLij udy dj vFkok fdlh iqLrd@dqath@iklcqd rFkk vU; lw= dh lgk;rk ls iz'uksa ds mRrj fy[ks gks vFkok iz'uksRrj fHkUu gLrys[k esa fy[ks gq, gksA Likewise, the directions issued to the Examiners of the Board Examination, in Clause 34, are as under:- ^^34- mRrj iqLrdksa dks tkaprs le; dqN Bksl vk/kkjksa ij ;fn ijh{kd lUnsg djs fd fdlh ijh{kkFkhZ }kjk vFkok fdlh ijh{kk dsUnz ij vuqfpr lk/ku dke esa fy;s x;s gSa ;k ijh{kkfFkZ;ksa dh mRrj iqfLrdk esa vU; O;fDr dk gLrys[k gS rks og vius lUnsg dk foLr`r vk/kkj i`Fkd ls esa crkrs gq, ijh{kkFkhZ dh mRrj iqLrdksa dks vius xqIr izfrosnu ds lkFk@izeq[k ijh{kd dks ;k izeq[k ijh{kd ds uk gksus ij mi funs'kd ¼xksiuh;½ dks muds O;fDrxr uke ls jftLVªh }kjk rqjUr Hkst nsaA izeq[k ijh{kd dks lafnX/k mRrj iqLrd ds lkFk viuh lgefr rFkk lg ijh{kd dk izfrosnu mi funs'kd ¼xksiuh;½ dks Hkst nsuk pkfg;sA ;fn ckn esa dk;kZy; esa mRrj iqLrdsa ns[kus ij Kkr gqvk gS fd ijh{kkFkhZ dh mRrj iqLrd esa vU; O;fDr dk gLrys[k gS vkSj lacaf/kr ijh{kd us bldh fjiksVZ dk;kZy; dks ugha dh gS rks ml ijh{kd ds fo:) vko';d dk;Zokgh dh tk;sxhA ijUrq ,sls lHkh ekeyksa esa mRrj iqLrdksa dk vadu lk/kkj.k :i esa dj ysa rFkk vad lwfp;ksa esa izkIrkad Hkh Hkj nsaA bl lEcU/k esa vko';d dk;Zokgh tks okaNuh; gksxh] cksMZ dk;kZy; vius Lrj ij dj ysxkA fdlh Hkh iz'u dks fcuk vadu ds ugha NksM+sA vadu bl izdkj djsa fd tSls mlesa vuqfpr lk/kuksa dks iz;ksx gqvk gh ugha gksA ijh{kd dk uke ------ dsUnz dksM-------fo"k; o i=----- 1- fuEu izi= ijLij udy djus okys ijh{kkfFkZ;ksa ds ckcr mi;ksx esa fy;k tkosA vuqfpr lk/ku iz;ksx djus okys ijh{kkFkhZ@ijh{kkfFkZ;ksa ds ukekad iz'u la- ftldk mRrj ijh{kkFkhZ us viuh jk; esa vuqfpr lk/ku dk iz;ksx dj fy[kk gksA ijh{kkFkhZ dk ukekad ftlls ijLij udy dh gksA 2- fuEu iz'u ikB~; iqLrd@ikl cqd dk mi;ksx dj iz'uksa dk mRrj fy[kus okys ijh{kkfFkZ;ksa ds ckcr mi;ksx esa yk;k tkosA vuqfpr lk/ku dk iz;ksx djus okys ijh{kkfFkZ;ksa ds ukekad iz'u la- ftldk mRrj ijh{kkFkhZ us vkidh jk; esa vuqfpr lk/ku dk iz;ksx dj fy[kk gksA ikB~;-iqLrd vFkok ikl cqd dk uke i`"B la[;k lfgr ftlls udy dj vf/kdka'kr% iz'u dk mRrj fy[kk x;k gksA 3- ¼v½ fuEu izi= lkeku lw= ds vk/kkj ij iz'u@iz'uksa ds mRrj fy[kus okys ijh{kkfFkZ;ksa ds ckcr mi;ksx esa yk;k tkosA vuqfpr lk/ku dk iz;ksx djus okys ijh{kkfFkZ;ksa ds ukekad iz'u la- ftldk mRrj ijh{kkFkhZ us vkidh jk; esa vuqfpr lk/ku dk iz;skx dj fy[kk gksA lkeku lw= tSls ifpZ;ka nh xbZ gks vFkok fdlh ds }kjk iz'uksa dk mRrj cksydj fy[kus dk lUnsg gks bl ckjs esa Li"V er Hkh nsaA 8.
The action in cases of examinees using unfair means, the committee dealing with such matters is to act judicially and is a quasi-judicial body or not and that the principle of audi alteram partem applies in such cases had come up for consideration before the constitutional bench of the Hon'ble Supreme Court in the case of Board of High School and Intermediate Education, U.P., Allahabad vs. Ghanshyam Das Gupta & Others, AIR 1962 SC 1110 . In that case, three students of G.S.Hindu Intermediate College at Sikandrarao had appeared at the Intermediate (Commerce) Examination conducted by the Board of High School and Intermediate Education, U.P. in the year 1954. On 12.6.1954, the result of the examination was published in newspapers and the three students passed in second division. Thereafter, they proceeded with their further studies. In December 1954, their fathers and guardians received information from the Principal of G.S. Hindu Intermediate College that the Examinations' Committee of the Board had cancelled the result of the students for the examination of 1954 and further that they had been debarred from appearing at examination of 1955. Thereafter, the students filed a writ petition in the High Court contending that the committee had never afforded an opportunity to them to rebut the allegations made against them and that they were never informed about the nature of unfair means used by them in the said examination and the first thing they came to know was the resolution of the Committee cancelling their results and debarring them from appearing in the examination of 1955. Though the Board opposed the petition and submitted that the students had used unfair means at the examination which was reported to the committee having powers under the regulations but it was not disputed that no oppor-tunity had been afforded to the students to rebut the allegations against them in the enquiry by the Committee resulting in cancellation of examination. The primary contention on behalf of the students before the learned Single Judge was that the Board was under a duty to act judicially and therefore the respondents should have been given a hearing before any order was passed against them. The learned Single Judge held that no duty was cast on the Committee to act judicially and there was no statutory obligation on the Committee to give an opportunity to every examine to be heard, therefore he rejected the petition.
The learned Single Judge held that no duty was cast on the Committee to act judicially and there was no statutory obligation on the Committee to give an opportunity to every examine to be heard, therefore he rejected the petition. 9. The students then went in appeal which was heard by a Division Bench, who however differed. One learned Judge was of the opinion that the Committee was not required to act judicially or quasi-judicially when it considered cases of this kind and was acting merely administratively. But he was of the opinion that one of the rules of natural justice contained in the maxim audi alteram partem would apply in this case, even though the Committee was acting administratively. He was therefore in favour of allowing the appeal. Another learned Judge agreed with the view that in the present case no duty was cast on the Committee to act judicially and the action of the Committee was merely administrative. He however did not agree that the Committee had acted in violation of principles of natural justice inasmuch as it did not give a hearing to the students. He was of the view that as the committee was acting merely administratively, it was not bound to give a hearing as the maxim audi alteram partem applied only to judicial or quasi-judicial tribunals. Ultimately, they referred three questions to be answered by another learned Judge and one of them was whether the failure of the Committee to provide an opportunity to the respondents of being heard vitiated its order, which was of an administrative nature. When the matter came before a third learned Judge, he was however of the view that no duty was cast on the Committee to act judicially in the present case was correct, but as on that matter the learned Judges were in agreement, he dealt with the case on the basis that the committee was acting merely administratively. Even so, he came to the conclusion that the respon-dents were entitled to a hearing and agreed with the view of one of the Judges of the Division Bench. Consequently, the appeal, with the opinion of the third learned Judge, was allowed. Thereupon, the Board moved an application for leave to appeal to the Hon'ble Supreme Court, which was granted. 10.
Consequently, the appeal, with the opinion of the third learned Judge, was allowed. Thereupon, the Board moved an application for leave to appeal to the Hon'ble Supreme Court, which was granted. 10. As regards the question as to whether any duty is cast on the Committee under the Act and Regulations, to act judicially and therefore it is a quasi judicial body, the Hon'ble Supreme Court held that the committee is act-ing quasi judicially and the principles of natural justice which required that the other party i.e. examinee, must be heard, will apply to the proceeding before the Committee. The Hon'ble Supreme Court had also approved similar view taken by the Calcutta High Court in Dipa Pal vs. University of Calcutta, AIR 1952 Cal. 594 and B.C. Das Gupta vs. Bijoyranjan Rakshit, AIR 1953 Cal. 212 . The Hon'ble Supreme Court further held, as to the manner in which an opportunity to be heard should be given to the examinee concerned, that is a matter which can be provided by Regulations or Bye-laws, if necessary. After referring to the case of Local Government Board vs. Alridge, 1915 A.C. 120, it was held that what is required is that the other party should have an oppor-tunity of adequately presenting his case. But, what the procedure should be in detail would depend on the nature of the tribunal. It also held that many of the powers of the Committee are of administrative nature but where quasi-judicial duties are entrusted to an administrative body like in the present case, it be-comes a quasi-judicial body for performing these duties and it can prescribe its own procedure so long as the principles of natural justices are followed and adequate opportunity of presenting his case is given to the examinee. 11. The question as to whether principles of natural justice are to be followed or opportunity of hearing is to be given to the students where there had been use of unfair means on mass scale, came up before the Court of Law since the case of The Bihar School Examination Board vs. Subhash Chandra Sinha & Ors., 1970 (1) SCC 648 , the Hon'ble Supreme Court, in para 13, had observed as under:- "13.
This is not a case of any particular individual who is being charged with adoption of unfair means but of the conduct of all the examinees or at least a vast majority of them at a particular centre. If it is not a question of charging any one individually with unfair means but to condemn the examination as ineffective for the purpose it was held. Must the Board give an opportunity to all the candidates to represent their cases ? We think not. It was not necessary for the Board to give an opportunity to the candidates if the examinations as a whole were being cancelled. The Board had not charged any one with unfair means so that he could claim to defend himself. The examination was vitiated by adoption of unfair means on a mass scale. In these circumstances it would be wrong to insist that the Board must hold a detailed inquiry into the matter and examine each individual case to satisfy itself which of the candidates had not adopted unfair means. The examination as a whole had to go." 12. Similar question again arose before the Hon'ble Apex Court in the case of Adhyamic Shiksha Mandal, M.P. vs. Abhilash Shiksha Prasar Samiti & Ors., (1998) 9 SCC 236 wherein, after taking into consideration the relevant facts, the Hon'ble Court, in para 2 held that "In the face of this material, we do not see any justification in the High Court having interfered with the decision taken by the Board to treat the examination as cancelled." In the case of B. Ramanjini & Ors. vs. State of A.P. & Ors. (2002) 5 SCC 533 , it had been held that mass copying constitutes sufficient reason for cancelling of examination. In para 7, the Hon'ble Apex Court had observed as under:- "The facts revealed above disclose not only that there was scope for mass copying and mass copying did take place in addition to leakage of question papers which were brazenly published in a newspaper and the photocopies of the question papers were available for sale at a price of Rs. 2000 each. These facts should be alarming enough for any Government to cancel the examinations whatever may be the position in regard to other centers.
2000 each. These facts should be alarming enough for any Government to cancel the examinations whatever may be the position in regard to other centers. It is clear that so far as the centre at Anatapur district is concerned, there was enough reason for the Government to cancel the examinations." Further, in para 8, it had been observed as under:- "In such matters wide latitude should be shown to the Government and the courts should not unduly interfere with the action taken by the Government which is in possession of the necessary information and takes action upon the same. The courts ought not to take the action lightly and interfere with the same particularly when there was some material for the Government to act one way or the other." 13. In the case of Bihar Public Service Commission & Anr. vs. Vinoy Kumar Singh & Anr., (2003) 7 SCC 28 , the Hon'ble Supreme Court was considering the point as to whether Bihar Public Service Commission was entitled to initiate action against any candidate if the candidate was found guilty of resorting to any irregular or improper means for obtaining admission to the examination hall using any other unfair means in the examination hall. It was observed, in para 14, as under:- "In our opinion, the Courts can certainly examine whether the decision making process was reasonable, rationale and not arbitrary on the facts and circumstances in each case. There has been no infirmity in the decision making process by the Commission. We, therefore, hold that the impugned action initiated by the Commission in cancelling the examination of respondent No. 1 and debarring him is well-founded and calls for no interference." 14. Again in the case of Ram Preeti Yadav vs. U.P. Board of High School and Intermediate Education & Ors., (2003) 8 SCC 311 , it was held by the Hon'ble Supreme Court, in para 20, as follows:- "20. As regards the submission of the learned counsel to the effect that the first respondent should be directed to give an opportunity of hearing to Respondent 3 at this stage cannot be acceded to. As noticed hereinbefore, it is the positive case of the first respondent that an opportunity of hearing had been given to him by the first respondent. Secondly, in a case of mass copying the principles of natural justice need not be strictly complied with." 15.
As noticed hereinbefore, it is the positive case of the first respondent that an opportunity of hearing had been given to him by the first respondent. Secondly, in a case of mass copying the principles of natural justice need not be strictly complied with." 15. On the question involved herein, this Court had also taken the stand in number of cases that in case of mass copying, the opportunity of hearing to the examine as also to follow principles of natural justice is not essential. In the case of Shyam Sunder & Ors. vs. The State of Rajasthan & Ors., (S.B. Civil Writ Petition No. 5270/2003), this Court arrived to a conclusion that the action of the respondents in cancelling the result of the petitioners cannot be said to have been suffered from any illegality or infirmity and the same is not violative of Article 14 of the Constitution of India. Further that no legal rights of the petitioners had been infringed in the case and therefore they are not entitled to get any relief under Article 226 of the Constitution of India and accordingly the writ petition was dismissed. So also in the case of Anand Mohan Jha & Ors. vs. State of Rajasthan & Anr., 2005(2) WLC (Raj.) 519 = RLW 2005(2) Raj. 1365, this Court had also held that no interference is called for by this Court in exercise of its power under Article 226 of the Constitution of India as the Board is having enough material and after following fair procedure, it has arrived to a conclusion that the examinations should be cancelled which is just and proper. Consequently, the writ petition was dismissed. Likewise, in the case of Kumari Meena Sharma vs. The Board of Secondary Education Rajasthan, Ajmer & Anr. (S.B. Civil Writ Petition No. 6368/2006), decided on 28.11.2006, another Co-ordinate Bench of the High Court had considered the case of the petitioner in respect of cancellation of her secondary school examination for the year 2005-2006 and held that this Court does not sit in appeal in such matters which are based on subjective assessment of the experts. The writ petition was accordingly dismissed. 16.
The writ petition was accordingly dismissed. 16. In the case of Indrajeet Singh Meena (supra), referred to by the learned Single Judge, the petitioner had appeared in examination of Secondary School conducted by the Board of Secondary Education, Rajasthan, Ajmer for the academic session 2006-2007 at the Centre at Secondary School, Itunda, District Bhilwara, during the period of 15.3.2007 to 30.3.2007. The petitioner had secured 79% marks in the Board Examination of Class VIII held in the year 2005. After he had appeared in the secondary school examination, a communication was sent by the Board on 15.6.2007 mentioning that he had been found to b using unfair means for five questions during the examination of II paper of Social Science. The case of the petitioner alongwith relevant record was placed before the result committee which had found the said charge of using unfair means proved. Thereafter, the committee decided to inform the petitioner to appear before it so as to clarify his stand and he was also directed to send his explanation by 23.6.2007 through registered letter or if the petitioner was desirous to avail opportunity of hearing then he may appear on 25.6.2007 at 11.00 a.m. in the office of inquiry officer with all relevant records. In pursuance of the said communication, the petitioner appeared before the inquiry officer and submitted his explanation. The original document/answer sheets and reports were shown to him. In all 56 students were issued similar notices but on completion of inquiry, result of 29 students were declared and they were exonerated by the committee. The petitioner alongwith 26 other students were penalised by cancelling their examination of Secondary School for the year 2006-2007. 17. The case of the petitioner, therein, was that the order of cancellation has been passed in a mechanical manner, so also the punishment order is also a printed order bearing same language and has been passed without considering the reply as well as the points raised at the time of personal hearing. Therefore, it is totally against the principles of natural justice and the order of cancellation of examination deserves to be quashed. The respondents had submitted that opportunity of hearing was given to the petitioner and after considering the stand taken in personal hearing as well as the relevant provisions of law, the decision to cancel the examination of 2007 was taken, which is just and proper.
The respondents had submitted that opportunity of hearing was given to the petitioner and after considering the stand taken in personal hearing as well as the relevant provisions of law, the decision to cancel the examination of 2007 was taken, which is just and proper. It was also submitted that action was taken not only against the petitioner but also against the centre, where the petitioner had appeared in the examination, by de-notifying it as centre for future examination. It was also submitted on behalf of the Board that the order of cancellation was passed on the basis of inquiry report in which recommendations were made to cancel the examination on the allegation of using unfair means and all has been done after giving adequate opportunity of hearing. The learned Single Judge then held, in para 22, as under:- "....Therefore, in my opinion the decision rendered in Indira Methi's case covers the controversy of the present case and is complete answer to the present case in which learned Single Judge of this Court while following as many as 14 judgments interfered in the matter against the action taken by the Board in a very casual manner." Further, it was held that "the respondents had acted in very mechanical manner, without application of mind and in printed and verbatim notices and punishment orders were issued, which is not expected from the educational authority like the Board of Secondary Education, Ajmer when they are punishing the teenagers and casting stigma upon them." Accordingly, all the writ petitioners were allowed and the punishment order dated 27.7.2007 passed by the respondent Board was quashed. 18. In the case of Indra Methi vs. Board of Secondary Education Rajasthan Ajmer, 1974 RLW 231, the writ petitions were directed against a 'Vigypati dated 24.8.1973 of the Board of Secondary Education, Rajasthan, cancelling the examination of the petitioners for the year 1973 and further debarring some of them to appear at the ensuing Secondary Examination to be held in the year 1974. The examination for the Secondary Arts was held by the Board at its various centres in March/April, 1973 and one of the center for the aforesaid examination being the Rajkiya Kanya Uch Madhyamik Vidhyalaya, Beawar. The result of the said examination was declared on 14.7.1973 but that of the petitioners was withheld and not announced.
The examination for the Secondary Arts was held by the Board at its various centres in March/April, 1973 and one of the center for the aforesaid examination being the Rajkiya Kanya Uch Madhyamik Vidhyalaya, Beawar. The result of the said examination was declared on 14.7.1973 but that of the petitioners was withheld and not announced. On 16.7.1973, a show cause notice in identical terms was served on the petitioners whose result was earlier withheld. Under the show cause notice it was averred that from the examiner's report and other sources it has been found that the students appeared at the Beawar center had resorted to unfair mans in the examination. It was further averred that from the answer books of the elementary arithmetic of the petitioners, it was evident that the petitioners had resorted to unfair means in the examination. Under the terms of the said notices, the petitioners were called upon to submit their reply to it before 21.7.1973 and further to appear before the Jaanch Adhikari on 24th/25th July, 1973 in the premises of Rajkya Patel Uch Madhyamik Vidhyalaya, Beawar. 19. Before the show cause notice was issued, the Board had received the examiner's report complaining of the unfair means used by the petitioners. On 4.7.1973, the result committee had appointed expert Shri M.C. Goyal, the Senior Teacher of Mathematics to submit his report on the answer books in the arithmetic paper to the committee. The expert submitted his report on 4.7.1973 where he had opined that the petitioners were guilty of unfair means by either copying from the copy of another or allowing another to copy from her copy. The petitioners submitted their reply to the aforesaid show cause notices which were sent by registered post. In the reply, the petitioners repudiated the allegation levelled against them in the show cause notice and inter alia asserted that they had never indulged in unfair means. It was further complained that the show cause notice did not specify the charges and the same are vague. On 24th/25th July, 1973, some of the petitioners appeared before the inquiry officer who recorded their statements. On 24.8.1973, the petitioners received a copy of Vigyapti purporting to have been issued by the Pariksha Niyantrik informing that the examination result of secondary examination had been cancelled. 20.
On 24th/25th July, 1973, some of the petitioners appeared before the inquiry officer who recorded their statements. On 24.8.1973, the petitioners received a copy of Vigyapti purporting to have been issued by the Pariksha Niyantrik informing that the examination result of secondary examination had been cancelled. 20. On receiving this intimation, the petitioners issued a notice to the Chairman of the Board complaining against the vague nature of charges and denial of the reasonable opportunity of being heard and prayed for reconsidering the decision. On 4.9.1973, the petitioners asked for furnishing the copies of various documents which seem to have been used by result committees but the copies were denied by the non-petitioners. The petitioners therefore came to the Court by filing an application under Article 226 of the Constitution of India principally contending that the order of the Board is void being violative of principles of natural justice as the petitioners were never informed of the precise charges and were denied of reasonable opportunity inasmuch as the materials which were used against them were not confronted/disclosed to them and further that the petitioners were never made aware of the exact case which they had to meet. Therefore, the petitioners asked for quashing of impugned order. 21. The writ petitions were opposed by the non-petitioner Board by taking the stand that the charges conveyed in the notices were not at all vague. There was a specific mention of using unfair means in subject elementary arithmetic and there was also a reference that this allegation was levelled on the report of the examiners. According to the non-petitioner Board, the notices gave sufficient information with regard to the precise nature of charge levelled against the petitioners. At the time when the petitioner was examined by the enquiry officer, the answer of another candidate with which the answer book of the petitioner tallied was shown. Therefore, sufficient information as to the case which the petitioners had to meet was given and no prejudice, whatsoever, was caused to the petitioners. After the receipt of the complaint, the copies of the candidates against whom there was a charge of resorting of using unfair means were sent to the experts who after going through the answer books had opined that the unfair means had been resorted to by the concerned candidate.
After the receipt of the complaint, the copies of the candidates against whom there was a charge of resorting of using unfair means were sent to the experts who after going through the answer books had opined that the unfair means had been resorted to by the concerned candidate. It was on the receipt of the report of the expert that the result committee examined the whole case of all the concerned candidates and after due deliberation had come to the conclusion that the petitioners had used unfair means. 22. The said matter appears to have been seriously contesting by both the parties and a lot of case laws were referred to and relied upon by them which has been mentioned in the decision. It is noteworthy that while referring to the case law cited on behalf of the respondent Board particularly that of The Bihar School Examination Board vs. Subhash Chandra Sinha (supra) and B. Louis vs. Nagpur University, AIR 1973 Bombay 5, the learned Court had specifically observed, in para 7, as under:- "...As regards the authorities cited by Mr. M.D. Purohit, I may say at the outset that the authorities Bihar S.E. Board vs. Subhash Chandra (11) and B. Louis vs. Nagpur University (13) are of no assistance as they relate to the case of mass copying where it is not necessary to give specific charges to each of the delinquent examinee..." In other words, in Indra Methi (supra), the learned Court was not dealing with a case of mass copying but that of use of unfair means by an examinee whose result was ultimately cancelled by the impugned order. 23. Now coming to the case of Mamta Kumari (supra), it may be noticed that the said matter also relates to the examination of the year 2009 conducted by the respondent Board. There the petitioners were regular students of Class XII (Sr. Secondary) of Indira Gandhi Balika Niketan Senior Secondary School, Ardawata, Tehsil Chirawa, District Jhunjhunu. The said examination had commenced from 12.3.2009 and the petitioners were allotted Centre (No. 15156) Indira Gandhi Balika Niketan Senior Secondary School, Ardawata. The result of the examination was declared by the respondent Board on 10.6.2009. But the result of the petitioners therein was withheld.
Secondary) of Indira Gandhi Balika Niketan Senior Secondary School, Ardawata, Tehsil Chirawa, District Jhunjhunu. The said examination had commenced from 12.3.2009 and the petitioners were allotted Centre (No. 15156) Indira Gandhi Balika Niketan Senior Secondary School, Ardawata. The result of the examination was declared by the respondent Board on 10.6.2009. But the result of the petitioners therein was withheld. Thereafter, letters were sent to the petitioners on 6th and 7th July, 2009 mentioning about use of unfair means in the paper of English (Compulsory) and History (II). The petitioners were asked to appear personally on 14.7.2009, at 11.00 am. In pursuance thereof, the petitioners alongwith their parents/guardians, appeared before the respondent Board and filed their written explanations, denying the allegation levelled against them. It was on 24.7.2009 that the respondent Board declared the remaining result of Senior Secondary Examination, 2009 which was withheld earlier, but that of the petitioners was cancelled. After considering in detail the contentions raised on behalf of the petitioners, as well as the respondent Board and the factual aspect of the matter, the Court observed in para 10 thus:- "10. The facts of this case reveal that there had been enormous use of unfair means by the students in the Senior Secondary Examination, 2009 and therefore result of a large number of students had to be withheld. Subsequently, the result of the students, withheld earlier, was declared on 26.7.2009 by the respondent Board (Annexure-16), wherein the result of many of the students had been cancelled. As stated by the respondents, initially, result of 149 students of the Center from where the petitioners had also given the examinations, was withheld. Later on, charge-sheet was issued to 117 students including the present petitioners. Therefore, it was a case of large scale use of unfair means by way of similar answers given by number of students to the questions of English (Compulsory) and History Second papers." Further, in para 15, the court observed that, "the respondent Board had neither committed any illegality or acted in arbitrary or unreasonable manner in cancelling the result of the petitioners. The matter was thoroughly looked into by the expert and full opportunity of giving explanation as well as perso-nal haring was given to the petitioners, before passing the impugned order." 24.
The matter was thoroughly looked into by the expert and full opportunity of giving explanation as well as perso-nal haring was given to the petitioners, before passing the impugned order." 24. From the above discussion of the relevant law, the principles laid down by the Hon'ble Apex Court as well as the High Court, it is amply clear that in case of mass copying/use of unfair means, the principles of natural justice are inapplicable. In case of unfair means by an individual examinee, adequate opportunity of hearing is to be given by the Board/Committee. As a matter of fact, the concerning authority can prescribed its own procedure so long as the principles of natural justice are followed and adequate opportunity of presenting his case is given to the examine. As mentioned above, the case of Indira Methi (supra) was not a one which related to mass copying. A careful perusal of the said decision goes to show that so far as the case of mass copying/unfair means is concerned, the principles of natural justice are not applicable and that is why the learned Court had distinguished the case law cited before it which related to mass copying by observing that the same is of no assistance to the respondent Board as the fact situation of that case was different. Therefore, we are of the considered opinion that on a careful consideration of the ratio laid down in the cases of Indrajeet Singh Meena (supra) and Mamta Kumari (supra) by the respective courts are not contradictory. One case related to use of unfair means by an individual examinee and the other to mass copying/use of unfair means. As a matter of fact, the learned Court in the case of Indira Methi (supra) had specifically observed in that light while discussing the case law relied on behalf of the respondent Board and had distinguished the same on the basis that some of them related to mass copying/use of unfair means which was not so in the case of Indrajeet Singh Meena (supra). In other words, the decision given in the case of Mamta Kumari (supra) is in line with the observation made in the case of Indira Methi (supra). 25.
In other words, the decision given in the case of Mamta Kumari (supra) is in line with the observation made in the case of Indira Methi (supra). 25. Therefore, after giving our anxious and thoughtful consideration to the question involved in the matter referred before us, we hold as follows:- (1) In case of mass copying/use of unfair means, the principles of natural justice are inapplicable; (2) In case of use of unfair means by an examinee, the procedure adopted by the concerning committee/authority would be just and proper, so long as the principles of natural justice are followed by way of adequate opportunity of presenting his case is given to the examine. (3) Adequacy of opportunity would depend upon and be prescribed in accordance to the facts of each case. The reference is answered accordingly. This matter be sent back to the learned Single Judge for decision of the writ petition on merits in accordance to law, alongwith writ petition No. 13166/2009.