ANIL KUMAR AND 27 OTHERS Vs. SECRETARY, BOARD OF HIGH SCHOOL AND INTERMEDIATE EDUCATION, U.P. ALLAHABAD AND OTHERS

JUDGEMENT

(1.) All twenty eight petitioners who were the regular students of High School in the year 1986 and have been studying in Virendra Bhartiya Intermediate College, Jeonti, Mainpuri, have filed this writ petition seeking a mandamus to declare the result of High School examination held in the year 1986. Daring the pendency of the writ petition, the Principal of the said Institution informed them that vide his order dated 4-2-87 the Secretary Board of High School and Intermediate Education, Uttar Pradesh, Allahabad had cancelled the result of the examination of the petitioners for High School examination and thus the petitioners have also challenged the order dated 4-2-87 contained in Annexure-5 and prayed that the said order be quashed. A perusal of the said order would indicate that no reason was assigned as to why the result of the petitioners was cancelled.

(2.) The petitioners have averred that they appeared in the examination of the High School in the year 1986 which was conducted by the Board of High School and Intermediate Education, Uttar Pradesh but their results were not declared, inspite of the fact that their forms for appearing into the said examination were duly forwarded by the Principal of Virendra Bhartiya Inter College, Jeonti, District Mainpuri and they were issued Admit Cards to appear into the said examination. They were also allowed to appear in the practical examination of General Science. It appears that the centre for the written examination of the petitioners was allotted at Nehru Higher Secondary School, Bandal Ballampur, Mainpuri by the District Inspector of Schools. The examination was to commence from 11th March, 1986 and on 18th March, 1986 the petitioners went to Nehru Higher Secondary School, Bandal Ballampur, Mainpuri and met the Centre Superintendent. The Centre Superintendent informed the petitioners that their names were not in the nominal roll of the students which were sent by the Board. Their guardians also met the Centre Superintendent but he refused to allow the petitioners to appear in the aforesaid examination. In the early morning of 11th March, 1986 the District Inspector of Schools directed the petitioners to appear in the High School examination from Virendra Bhartiya Inter College, Jeonti, Mainpuri. Accordingly, the petitioners appeared in the aforesaid examination for Hindi and Mathematics papers from Virendra Bhartiya Inter College, Jeonti, Mainpuri but thereafter the District inspector of Schools directed the Centre Superintendent of Nehru Higher Secondary School, Bandal Ballampur, Mainpuri to allow the petitioners to appear in the aforesaid examination for the remaining papers, but the Board has refused to declare their results. Later on, an enquiry was conducted by the Board and the petitioners were directed to be present at Government Inter College, Mainpuri on 25th Aug., 1986 but they were given only live minutes time to give there explanations on a printed form. The petitioners stated that there appeared in the aforesaid examination after completing the entire formalities and there was nothing against the petitioners which may warrant withholding of the result of the petitioners. Thereafter they approached the authorities of the Board but their representations were not considered. The petitioners have further averred that there exists no evidence whatsoever against them either of using unfair means or copying and the Board illegally withheld their results and they were not given any opportunity whatsoever to show cause against withholding of their result.

(3.) A counter affidavit has been filed on behalf of the Board in which it was admitted that the application forms of all the petitioners were received by the office of the respondent to appear as Science Students in the examination of High School which was forwarded by the Principal of the said college. It is also more or less admitted that the petitioners were allowed to appear in the practical examination and Admit Cards were issued to them to appear in the said examination. According to the said counter affidavit, the results of the petitioners were firstly 'withheld and thereafter cancelled for the reasons of the fact that they belong to the Science side and their examination Centre were Deo Nagjti I.C. Karawali, Mainpuri and the Centre of conducting the said examination for Art Students was fixed at S.N. Higher Second the School, Ballampur Mainpuri. it was alleged that the Principal of Virendra Bhartiya Bhartiya Inter College Jeonti Mainpuri, was running the said College in collusion with petitioners and he got the examination Centre of the petitioners changed from S.N. Higher Secondary School, Ballampur, Mainpuri to Kurawali I.C. College, Mainpuri after, getting the temporary permission to this effect, regarding the change of Centre, from District Inspector of Schools. It was further alleged that examination Centre named Deo Nagari I.C. Kurawali, Mainpuri was only meant for Art side while the Principal of Virendra Bhartiya Inter College, Jeonti, Mainpuri was with in the know of the affairs that all the petitioners were students of Science side and they have to appear in the examination from the examination Centre named S.N. Higher Secondary School, Ballampur, Mainpuri.