SUNNY DHARAMPALSINGH CHAUDHARY Vs. GUJARAT SECONDARY EDUCATION BOARD

JUDGEMENT

(1.) These two petitions are based on identical facts and involve common questions of law. I, therefore, propose to decide both these petitions by this common judgment and order.

(2.) The petitioners herein were studying in Xth Std. at St.Xaviers High School, Gandhinagar. They have come with the case that they are students with good academic record throughout and in one of the petitions, the petitioner Sunny Chaudhary has also annexed copies of marksheets of the Examinations of VIIth, VIIIth and IXth Stds. to evidence the fact that he has been a First Class student. He has also annexed the copy of the marksheet at page no.20 of this petition to show that he has been given Grade-I in the Xth Std. itself for the First and Second Terms. Regarding the other petitioner namely, Master Sushant Chopra, it has been stated in paragraph 4 of the petition that he has been studying in the St.Xaviers High School, Gandhinagar since IIIrd Std. and he has throughout passed with distinction marks and never failed in a single subject. Both these students claiming good academic record as First Class students, appeared in the Xth Std. Examination conducted by the Gujarat Secondary Education Board, hereinafter referred to as 'the Board', in the month of March 1999. They had appeared in all the papers of the Secondary School Certificate Examination and the last paper was that of Music, held on 27th March 1999, whereas the examinations had actually commenced on 15th March 1999. Both these students have been punished by the Board on the allegation of use of unfair means in this Music Examination which was held on 27th March 1999 and they have been visited with the punishment of the cancellation of the 1999 Examination as a whole. The communication with regard to this punishment to both these students is sent by the Examination Secretary of the Board to the Principal of the St.Xaviers High School Gandhinagar. Aggrieved from this punishment of cancellation of their 1999 Examination on the allegations of use of unfair means in the Music Theory paper, both these petitioners have approached this Court under Article 226 of the Constitution of India.

(3.) When the Special Civil Application No.4045 of 1999 came up before this Court on 21.6.1999, the notice returnable for 28th June 1999 was issued and in Special Civil Application No.4686 1993 the Rule and notice as to interim relief was issued on 2nd July 1999 and made returnable on 14th July 1999. In Special Civil Application No.4045 1993, the Rule was issued on 8th July 1999.