JAIKAMAL KHANDE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard. By this petition, the petitioner has called in question the correctness, legality and validity of the action of respondent No. 2 whereby examination and the result of the petitioner for the year 2008 has been cancelled and the petitioner has been debarred from appearing in the examination of the year 2008 and 2010.

(2.) Brief facts giving rise to this petition are that the petitioner was a regular student of Class 10th in Maruti Nandan Higher Secondary School, Mehandi, Pamgarh, District Janjgir-Champa during educational session 2007-2008. The petitioner appeared in the High School Certificate Examination conducted in the month of March, 2008 from Govt. Middle School, Bhautara as centre. After the results were declared, the petitioner came to know that his Roll Number did not find place in the results. Thereafter, the petitioner came to know upon receipt of document dated 17-7-2008 (Annexure P-2) that the respondent No. 2 has cancelled his examination and also debarred from appearing in the examination of the year 2008 and 2010 for the reason that in enquiry, the petitioner was found guilty of using unfair means. The petitioner thereafter, submitted a representation to the respondent No. 2 on 5-12-2008 (Annexure P-4) stating that he had not used unfair means in the examination, and therefore, proper decision may be taken in his case. in the representation, he has stated to have been annexed the explanation of the Principal and the Centre Superintendent. When no decision was taken on his representation nor his grievance redressed, the petitioner has approached this Court.

(3.) The grounds on which, learned counsel for the petitioner sought to assail the validity of the proceedings and order of cancellation of result and debarring the petitioner from subsequent examinations, are that his examination has been cancelled and he has been debarred without giving any opportunity of hearing and action of the respondent is arbitrary. Learned counsel for the petitioner contended that the action of the respondent No. 2 in cancelling the examination and the result of the petitioner in the year 2008 and debarring him from subsequent examinations has drastic consequences to follow. As this involved serious civil consequences to ensue, the petitioner was entitled to proper notice and an opportunity to show cause against such inaction. It has also been argued that the petitioner has not used any illegal and unfair means during the examination.