SHRI RAM JANKI INTER COLLEGE, BAHRAICH (27551 M/S 2016) Vs. STATE OF U.P. THRU. PRIN. SECY., SECONDARY EDUCATION & OTHERS

JUDGEMENT

(1.) Heard learned counsel for the appellant.

(2.) The appellant institution is aggrieved by the order dated 25.10.2016 passed by the Secretary, Board of High School and Intermediate Education, U.P. whereby the centre superintendent and the invigilators have been debarred from being notified for further invigilation or holding of examination for three years and simultaneously the appellant institution has also been debarred from functioning as a centre of Board examinations for a period of three years. The learned Single Judge has upheld the said order by the impugned judgment dated 19.12.2016, hence this appeal.

(3.) Learned counsel for the appellant contends that no reasons are recorded as to what was the material on the basis whereof this order of debarring the appellant has been passed nor any material was furnished to the appellant to meet any such allegation on the basis whereof the debarment could have been passed. Even otherwise, it is urged that if any incident has taken place on the road at a considerable distance and not inside the premises of the institution, then the involvement of any student or outsiders in the said incident cannot be construed to be an incident generated at the instance of the appellant so as to debar it from being a examination centre. Consequently, in the absence of any such reasons, the impugned order blacking listing the appellant institution and the judgment of the learned Single Judge in depriving the appellant institution of acting as a centre of examination by upholding the order of the Board is vitiated. Consequently, the impugned judgment as well as the order dated 25.10.2016 deserves to be set aside.