KUMARI UMA Vs. BOARD OF PRE UNIVERSITY EDUCATION

JUDGEMENT

(1.) These appeals are directed against the common order of RAMA JOIS, J. in Writ Petitions 5320 of 1980 and other connected Writ Petitions disposed of on 11.4.1985. By that order the learned Judge dismissed the Writ Petitions of the Appellants/Petitioners on the ground that these are not fit cases for exercising the extraordinary jurisdiction of this Court under Art. 226 of the Constitution.

(2.) Appellants are all students who had taken their examinations in various subjects in the P.U.C. examination conducted by the Pre-University Board (hereinafter referred to as the'Board') in the month of April, 1982. The results of the examination were announced in the month of June, 1982. Each of the appellants had failed in one or other subjects and consequently, they failed in the examination. After the results were announced, they invoked the provisions of rule 38 of the Rules relating to Pre-University Examinations published by the State Government in Notification No. NED 119 UDC 71 dated 13th October 1971 (hereinafter referred to as the 'Rules')- Under that rule, these appellants applied for retotalling the marks in the subjects in which they had failed. On retotalling it was found that the total marks as entered in the answer books were correct and the marks entered in the facing sheet of the answer scripts in the prescribed proforma were also found to be correct. However, these appellants made representations to the Director of the Board stating that though the retotalling was correct, some of the answers had not been valued and therefore, additional marks should be given to such of the answers which had not been valued by the examiner. On these representations, the Director of the Board got the answer papers of the appellants valued in so far as they related to the alleged answers not valued earlier by the Valuer and awarded additional marks in consultation with the Subject Expert nominated by him and entered the additional marks on a separate proforma prescribed for the purpose and directed the issue of Pass Certificates to all these appellants by adding the marks so given to the total marks already obtained by them and found to be correct. The net result was that all these appellants who had failed earlier were declared as passed and they were given Pass Certificates accordingly.

(3.) After some time complaints were received by the State Government that a number of candidates including the appellants had resorted to certain malpractices after the declaration of results by the Board in the month of June, 1982 and therefore, there should be an enquiry into such mal-practices. The State Government considered the gravity of mal-practices to which a large number of students had allegedly resorted to and. ref erred this matter to the Vigilance Commission. The Vigilance Commissioner, after making the necessary inquiry submitted his report to the Government and on the basis of this report, the Government ordered investigation by the Corps of Detectives ('COD' for short).