JUDGMENT 1. - Both the writ petitions involv ing common question, at joint request, were heard together and are being decided by present order. 2. In order to appreciate grievance of petitioners, it will be necessary to glance through relevant facts. Petitioners are regular students of Senior Secondary (Science). The petitioners (Nikita, Raju Sankhla & Ravi Sabal-CW-12461/2011; and Kailash Chand Chawla, Kailash Chandra Saini & Dipendra Saini-CWP-10530/2011) while pursuing their studies respectively in Panabai Ramnath Poddar Senior Secondary School, and Shri Nawalgarh Senior Secondary School, Nawalgarh (Jhunjhunu), appeared in practical examination of Physics/Chemistry papers held on 12/02/2011; but as alleged, the Flying Squad constituted by respondent-Board came to the examination hall and found the petitioners indulging in using unfair means and as alleged, it was reported by Flying squad team that some copies were found near the tables where petitioners were writing their practical examination; however, immediately on search report being submitted by members of Flying Squad, their practical examinations were cancelled and respondent Board vide its letters dated 21/03/2011 & 17/03/2011 directed the respondent-institution for conducting practical examination of Physics/Chemistry afresh on 25/04/2011 & 18/04/2011 and all the petitioners appeared in their practical examination besides main examination of Senior Secondary Science examination, 2011; however, they were shocked when they came across information that for alleged incident having taken place at the time of their practical examination of 12/02/2011, based on the report of Flying Squad team of the Board making allegations of petitioners being indulged in using unfair means, the Board took decision to cancel their examination, 2011 and further debarred them to appear in next examination, 2012 as is evident from minutes of the committee dated 24/05/2011 (Ann.R1/4). 3. It is relevant to record that either of petitioners was not afforded opportunity of hearing; no explanation was ever called for; and for the first time, they came across only after declaration of their result of Senior Secondary School Examination, 2011 and when downloaded their mark sheet at respondents' website, their result disclosed that they have been debarred. 4. What was the reason for which the Board took decision was never made known to the petitioners. However, after the reply was filed by respondent-Board, it came across of the information that on the basis of report of the members of flying squad, the committee took decision to cancel their examination; besides debarring them from appearing in next examination, 2012. What was the reason for which the Board took decision was never made known to the petitioners. However, after the reply was filed by respondent-Board, it came across of the information that on the basis of report of the members of flying squad, the committee took decision to cancel their examination; besides debarring them from appearing in next examination, 2012. 5. At the same time, it is relevant to record that the report dated 26/04/2011 (Ann.R.1/3) prepared of alleged incident of practical examination held on 12/02/2011 was neither signed by Co-originator of Flying Squad, external examiner, School Principal, invigilator nor by concerned students. However, in practical examination of Physics subject held on 12/02/2011, as it reflects from the report, there were six students who were allegedly using unfair means and as regards students appeared in practical examination of Chemistry subject, it reflects from the report that there were four students who were allegedly indulged in using unfair means. 6. Counsel for petitioners submits that there was no incriminating material available on record other than report singed by one member of Flying Squad, which too was not signed by either of Co-originator of flying squad, external examiner, principal of the school or invigilator or the concerned students; and as such a report itself looses its authenticity and placing reliance on such report by Committee of the respondent Board taking such a harsh decision regarding cancellation of entire examination & debarring them from appearing in next examination, 2012 and that too taken without affording opportunity of hearing and in disregard of the principles of natural justice and it was not the case of mass copying by which it can be pleaded that principles of natural justice are inapplicable. Taking aid of aforesaid circumstances, Counsel submits that impugned decision of respondent Board being wholly arbitrary and in violation of principles of natural justice deserves to be quashed & set aside. 7. Counsel further submits that on the report being signed by only one member of the flying squad about alleged incident of 12/02/2011, practical examinations of physics & chemistry subject were cancelled - pursuant to which respondent-Board issued letter directing the institutions to hold practical examinations afresh of respective subjects, in which all the petitioners appeared followed by written examination and the latter decision in such circumstances regarding cancellation was uncalled for. 8. 8. In reply to the writ petition, it has been averred that report submitted by a member of flying squad in regard to the practical examination held on 12/02/2011 reflecting unfair means being used by all the petitioners was looked into by the committee constituted by the Board which took decision in its meeting held on 24/05/2011 for cancellation of the examination and debarring them from next examination, 2012. 9. However, it is not the case of respondents that it was a case of mass copying, and holding of inquiry or affording of opportunity of hearing to the petitioners was inapplicable in the facts of the instant case. 10. It is an admitted case before the Court that no opportunity of hearing was afforded to either of the petitioners before taking impugned decision by the respondent-Board regarding cancellation of their whole Examination-2011 & debarring them from appearing in next examination, 2012, based on the report signed by one member of the Flying squad in regard to alleged incident of unfair means being used by petitioners in practical examination of physics & chemistry subjects held on 12/02/2011 and that apart, alleged report (supra) was not signed by Co-originator of flying squad, external examiner, School Principal, invigilator & the students concerned. Moreover unilateral decision was taken by the Committee in its meeting held on 24/05/2011 pursuant to which the Board took a decision regarding cancellation of practical examinations in which the petitioners appeared on 12/02/2011 & Sr.Secondary School Examination, 2011, and further debarring them from appearing in next Examination, 2012 as is evident from minutes dated 24/05/2011 (Ann.R.1/4) which was in violation of principles of natural justice. 11. As per instructions of the Board in regard to the Board's examination circulated to the Examination Centres - copy whereof has been made available in course of arguments, its clause 21 relates to the unfair means & consequential effects and prescribing procedure for penalty against the examinees who are indulged in using unfair means. 11. As per instructions of the Board in regard to the Board's examination circulated to the Examination Centres - copy whereof has been made available in course of arguments, its clause 21 relates to the unfair means & consequential effects and prescribing procedure for penalty against the examinees who are indulged in using unfair means. clause 21.3(4) being relevant is quoted ad infra: " 21-3 vuqfpr lk/kuksa ds iz;ksx nqjkpj.k ,oa nqO;ogkj lEcU/kh fu;e%& (4) ( v ) ,sls ijh{kkfFkZ;ksa ds ekeys Hkh ifj.kke lfefr ds le{k j[ks tkosaxs ftudh mRrj iqfLrdkvksa esa tkap ds le; ijh{kdksa }kjk dksbZ vkifRrtud lkexzh ikbZ tkos vFkok ftudh mRrj iqfLrdksa esa fd;s x;s iz'uksa ds mRrj nwljs ijh{kkfFkZ;ksa dh mRrj iqLrdksa esa fd;s x;s iz'kuksa ds mRrjksa ls vf/kdka'kr% feyrs gks vFkok ijh{kd dks ijh{kkFkhZ dh mRrj iqfLrdkas tkaprs le; ,slk lUnsg gks fd mlus ijh{kk dh le; vuqfpr lk/kuksa dk iz;ksx fd;k gS rFkk ftUgksaus fdlh ijh{kd ds fu.kZ; dks izHkkfor djus dh dksf'k'k dh gksA ( vk ) ;fn fdlh ijh{kk dsUnz ds ckjs esa cksMZ dks fdlh Hkh Lrjksr ls ;g lwpuk feys fd lEiw.kZ ijh{kk dsUnz ij vFkok dqN dejksa esa fdlh fo"k;@ fo"k;ksa vFkok i=@i=ksa dh ijh{kkvksa esa vuqfpr lk/kuksa dks o`gn Lrj ij iz;ksx gqvk gS vkSj mldh lR;rk tkap djokus ij tks rF; izdV gks mlls dk;kZy; iw.kZr;k vkoJLr gks fd okLro esa lEiw.kZ dsUnz ij vFkok dfrir; dejksa esa ijh{kkfF;ksa us o`gn Lrj ij vuqfpr lk/kuksa dks iz;ksx fd;k gS ,sls ekeys Hkh ifj.kke lfefr ds le{k j[ks tk;saxsA " 21-6 n.M ds ekud ukElZ n.M iznku djus ds fy, fuEukuqlkj ekud fu/kkZfjr fd;s tkrs gSaA ( vkS ) fofu;e ( 3 ) ( vk ) ds vUrxZr lfpo }kjk ;g fjiksVZ djus ij fd dsUnz fo'ks"k ij leLr ijh{kfFkZ;ksa us lkewfgd :i ls vFkok fdUgha ijh{kk dejksa esa ijh{kfFkZ;ksa us fdl fo"k;@fo"k;ksa vFkok i=@i=ksa dh ijh{kk esa o`gn Lrj ij vuqfpr lk/kuksa dk iz;ksx fd;k gS rks ifj.kke lfefr lEcfU/kr dsUnzk/kh{kd oh{kd@oh{kdksa lqijokbtj bu phQ ;fn dsUnz ij fu;qDr fd;s gksa mM+u nLrs ;fn dsUnz dk vkdfLed fujh{k.k fd;k gks vFkok vU; fo'oluh; L=ksrksa dh fjiksVksZa dk v/;;u djus ds mijkUr iw.kZr;k vkJLr gks rks ml dsUnz fo'ks"k dh vFkok dsUnz dqN dejksa esa cSBs ijh{kkfFkZ;ksa dh ml l= dh vFkok mudh lEiw.kZ ijh{kk fujLr dj ldrh gSA From a reading of clause 21.3(4) (supra), it manifests that where there was mass copying while using unfair means and if the Board is satisfied on the basis of material and report made available by Flying squad and comes to its conclusion based on objective assessment of record that individual notice while affording opportunity of hearing is not practicable, and after recording such finding may proceed further in taking consequential effect of inflicting penalty upon examinees either to cancel paper or whole of the examination, itself. But, it is not inapplicable in the instant case for the reason that it was not the case of mass-copying as alleged by respondent having taken place and more particularly as is evident from material on record that in course of practical examination of Physics/Chemistry subjects held on 12/02/2011 where only six students were in one school and four students in other school, as admitted by one member of Flying squad in his own report. Thus even if there was incriminating material available on record, it was imperative for the Board to afford opportunity of hearing before any adverse decision being taken against such examinees and in the opinion of this Court, inflicting penalty upon the students casts adverse consequences and such penalty could not have been inflicted in disregard of principles of natural justice. 12. This Court finds substance in the submission that once practical examination held on 12/02/2011 was cancelled by the Board and directed to conduct afresh and was held on 25/04/2011 & 18/04/2011 and permitted them to appear in written examination, there appear no justification in taking unilateral decision later on regarding cancellation of their examination, which was unwarranted. 13. As regards judgments in Sarita Kumari v. Board of Secondary Education, 2011 (4) WLC (Raj.) 136 relied by Counsel for respondents, it has no application to the facts of instant case for the reason that in case of mass copying where a large number of examinees are indulged in using unfair means, it is impracticable to give individual notice; principle of natural justice may be inapplicable. But in the instant case, where examinees were only six & four while appearing in practical examination of physic/ chemistry subjects respectively, the respondents cannot be held to be justified in taking defence of mass copying to avoid inquiry which was imperative to be held and in the opinion of this Court, apart from the decision impugned being arbitrary, it was in violation of principles of natural justice and deserves to be set aside. 14. Consequently, writ petitions succeed and are hereby allowed. 14. Consequently, writ petitions succeed and are hereby allowed. The decision of the Board pursuant to minutes of the Committee in its meeting held on 24/05/2011 (Ann.R1/4) qua petitioners of Sr.Secondary School Examination, 2011, is hereby quashed & set aside; and the respondents are accordingly directed to declare result of petitioners' Examination, 2011 within two weeks & requisite mark sheets/ certificates be issued to each of them. No costs.Writ petition allowed. *******