PATEL FORUM JITENDRABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Letters Patent Appeal is filed under Clause -15 of the Letters Patent by the petitioner in Special Civil Application No. 11553 of 2015, aggrieved by the order of the learned single Judge, dated 6th August 2015.

(2.) In the aforesaid Special Civil Application, the appellant - petitioner has challenged the validity of the order dated 22.6.2015 passed by the Gujarat Secondary and Higher Secondary Education Board. By way of punishment on the allegation of malpractice, the 2nd respondent -Board has cancelled the entire result of the 4th Semester examination which was held in the month of March, 2015, and debarred the appellant -petitioner from writing the examination up to March, 2017.

(3.) The 2nd respondent -Board conducted the examination of 4th Semester of 12th Standard, Science Stream, in the month of March, 2015. The appellant -petitioner appeared in the said examination with Seat No. B 202133 from Jay Somnath School, Maninagar East, Ahmedabad. Prior to theory examination conducted in the month of March, 2015, the appellant appeared in the practical examination of Computer, Chemistry, Physics and Biology subjects in the months of January and February, 2015. The appellant appeared in the 4th Semester Biology examination on 20th March 2015. Even thereafter, she has appeared in the examination of other subjects of the same semester. The 2nd respondent -Board issued show cause notice dated 15.6.2015, by which the petitioner was called upon to remain present before the examination committee on the allegation that the father of the appellant -petitioner, Shri Jitubhai Narshibhai Patel was arrested in connection with C.R. No. 38/2015 registered with Khokhara Police Station for the offence punishable under Sections 409, 120B, 201, 114 and 188 of the Indian Penal Code read with Section 66A of the Information and Technology Act. In the aforesaid First Information Report, it was alleged that a group of some persons conspired to leak the question paper of Biology subject and the father of the appellant -petitioner obtained such leaked paper so as to extend the benefit of the same to the petitioner who was appearing in the examination of Biology subject. The appellant - petitioner appeared before the examination committee and deposed denying the accusation made against her and mainly it was her case that she was not in contact with her father on that day, and as such, there was no question of her involvement or to connect her with the aforesaid C.R. No. 38/2015 registered with Khokhara Police Station.