CENTRE SUPERINTENDENT HIGH SCHOOL EXAMINATION 2006 COMMITTEE OF MANAGEMENT RAM NARESH CHAUDHARY INTER COLLEGE Vs. JOINT DIRECTOR OF EDUCATION BASTI REGION

JUDGEMENT

(1.) Heard counsel for the parties and perused the record.

(2.) This writ petition has been filed for quashing the impugned order dated 27.3.2006 passed by respondent No. 3, Secretary, Secondary Education Board, U.P, Allahabad by which 1st paper of Social Science of High School, 2006 of students giving examination in room Nos. 21 and 22 of Sri Ram Naresh Chaudhary Inter College, Ramwapur Sarkari, Sant Kabir Nagar has been cancelled.

(3.) The counsel for the petitioner contends that before cancelling the examination no notice or opportunity of hearing has been given to the petitioner Institution or Centre Superintendent and the reason given in the report is absolutely vague and is without application of mind. The counsel for the petitioner further contends that it is settled law that in case a large number of students appear in the examination and their answers are correct and are tallying, it is not the case of unfair means. It is further submitted that there is no provision in the Uttar Pradesh Public Examinations (Prevention of Unfair Means) Act, 1998 to cancel the examination and to take it again and the action of the respondents is violative of the principles of natural justice.