KU ROLAM TIWARI Vs. BOARD OF SECONDARY EDUCATION

JUDGEMENT

(1.) The seminal issue that arises for consideration in the present writ petition is whether the two petitioners who have approached this Court to get their answer scripts evaluated and results thereof declared by the Board of Secondary Education ( in short 'the Board') through their natural guardians, invoking the extraordinary jurisdiction of this Court are entitled to the said relief.

(2.) The facts as have been depicted in the writ petition are that the petitioner No.1 appeared in the annual examination of class XII and the petitioner No.2 in class X as regular students in the year 2000-2001. It is pleaded that they have been good students and the standard of teaching in the respondent No.2, school, has been quite exemplary and hence, they expected good percentage of marks. Their examination centre along with other students was fixed at Government Girls Higher Secondary School, Garh, District, Rewa, and the Center superintendent was one Shri V. D. Dixit, a Lecturer from another school. Sufficient arrangements were made at the Centre so that examination could be carried out in a smooth manner without any obstruction. The Block Education Officer, District Education Officer and the District Collector through their representatives kept a regular vigil on the conduct of examination and none of the authorities have ever found a single student engaged in any kind of unfair means. As role of the local police was found to be suspicious, an inspection was conducted by the competent authorities on 20/03/2001. After the successful completion of the examination the petitioners along with other students eagerly awaited for their results but as a misfortune would have it, they came to know from a daily newspaper dated 13-01-2001 that their examination had been cancelled. With such a news item when they approached to the respondent No.2 he expressed his shock and surprise.

(3.) It is putforth that cancellation of results by the Board is without any rhyme or reason. It is pleaded that when the examination was conducted in a fair manner in different schools under the supervision of various authorities of the State Government, there was no justification for cancellation of the examinations in question. It is the further case of the petitioners that no adverse report was submitted in relation to the conduct of examination and the Board has acted without any foundation. It is urged that the conclusion with regard to unfair means adopted by the petitioners has been arrived at without scrutiny of the answer books and without following the principles of natural justice. With the aforesaid averments reliefs have been sought for commanding the respondents to evaluate the answer books of the petitioners and to declare their results.