KIRITKUMAR SAMPATRAI DESAI GUARDIAN OF MINOR JAINULKUMAR KIRTIKUMAR DESAI Vs. GUJARAT SECONDARY EDUCATION BOARD & ORS.

JUDGEMENT

(1.) In this petition under Article 226 of the Constitution of India, order dated 2nd July 1993 (Annexure -D) (page 15) has been brought under challenge.

(2.) The short facts which lead to the present petition are as under: The concerned student is minor Jainulkumar Kiritkumar Desai represented by his father guardian - Kirtikumar Sampatrai Desai. The student is referred to herein as the petitioner. By the impugned decision his result of the 12th standard examination held in March 1993 by the respondent Board has been cancelled on account of the misconduct to the effect that the handwritings of the main answer sheet and the supplementary answer sheet of the subject of Biology at the aforesaid examination differ with the result that the petitioner was liable to be dealt with under Clause 14 of the provision relating to penalty. The case of the petitioner is that he had secured high percentage of marks as particularised in para 2 of the petition all throughout. He received show -cause notice in respect of the aforesaid misconduct, which was replied. He was given personal hearing as per the intimation dated 19 -5 -1993 and he did appear for such personal hearing. His say is that he was required to appear before the only one of the members of the Committee before whom he reiterated his stand. Ultimately he visited with penalty as noted above.

(3.) I have heard Mr. D. D. Vyas, Ld. Advocate for the petitioner as also Mr. M. C. Bhatt, Ld. Advocate for the respondent Board and Mr. D. C. Dave, Ld. A.G.P. for the State.