MANJUNATHA Vs. DIRECTOR OF PRE UNIVERSITY EDUCATION

JUDGEMENT

(1.) In each of these Writ Petitions, the petitioner concerned has questioned the legality of the order of the Board of Pre -University Education of this State ('the Board' for short cancelling the certificate issued to the effect that he/she had passed the Pre -University examination held in April 1982.

(2.) WHEN the petitions came up for preliminary hearing, in each of these petitions the Government Advocate was directed to take notice and now these petitions have come up for preliminary hearing after notice to the Government Advocate. As the cases involves common questions of law and fact, they are disposed of by this common order.

(3.) THE contention urged by the Learned Counsel for the petitioners are as follows: (i) The impugned orders were violative of Rules of natural justice as no inquiry was held and no adequate opportunity was given to each of the petitioners to resist the serious allegations levelled against each of them. (ii) The Board was equitably estopped at this distance of time from cancelling the certificate as on the basis of the representation made by the Board through the issue of pass certificate to each of the petitioners that he/she had passed in the Pre -University examination, and was prosecuting either Medical, Engineering or General Degree course and is now in the III Year of the concerned course and as by the cancellation of the pass certificate at this distance of time would result in irreparable loss and manifest injustice.