SYED MASH HOOD ALI ORS Vs. SECRETARY BOARD OF SECONDARY EDUCATION GOVERNMENT OF ANDHRA PRADESH HYDERABAD

JUDGEMENT

(1.) These three writ petitions arise out of the action taken by the Commissioner for Government Examination, Andhra Pradesh, in cancelling the marks obtained by the petitioners in all the subjects at the H.S.C. Public Examination of March 1961. The action was taken on the ground that the three petitioners had indulged in malpractices during the said examination. These three writ petitions can be disposed of by a common judgment as the facts are similar and the question of law that arises is the same. In W.P. No. 523/60 the petitioner is Syed Mashhood Ali and his roll number at the examination was 9790; the petitioner in W. P. No. 527/60 is Alam Ali Khan and his roll number was 9820. The writ petitioners will be referred to hereinafter as the 1st, 2nd, and 3rd petitioner respectively.

(2.) The order by which the punishment was awarded to the petitioner was made on 1-7-1960 and it was in the following terms: "Sub : H. S. C. Public Examination March April 1960 - Alleged malpractice by certain candidates - Orders passed. As the candidates whose roll numbers are furnished hereunder had recourse to malpractice during the H. S. C. Examination March/April 1960, the Commissioner for Government Examinations. Andhra Pradesh, Hyderabad, has ordered that their marks in all the subjects at the Public Examination of March/April 1960 should be cancelled and that they should further be debarred from appearing for one year i.e., two examinations October, 1960 and March 1961. The candidates may be informed accordingly."The roll number of the three petitioners were among those appended to the above order.

(3.) In these writ petitions the 1st petitioner seeks a writ of certiorari or any other writ to quash the above order and also a writ of mandamus directing the Secretary to the Board of Secondary Education, Government of Andhra Pradesh, to announce his result in the examination. The 2nd petitioner seeks a writ of certiorari or any other appropriate writ to quash the said order, while the 3rd petitioner seeks a writ of mandamus directing the Commissioner for Government Examinations and the Secretary to the Board of Secondary Education to forbear from giving effect to the said order.