PREMLAL TIWARI Vs. SECRETARY BOARD OF SECONDARY EDUCATION

JUDGEMENT

(1.) PETITIONER in this writ petition has prayed for the relief to declare nd publish the results of the students of petitioner/school in High School Certificate Examination, 2002 and Higher Secondary School Certificate Examinations, 2002 submitting that there was no mass copying and he action of the Board in cancelling the examination of the school in question is bad in law.

(2.) PETITIONER is the Principal of Dr. Ram Manohar Lohia Uchchattar Madhyamik Vidyalaya, Tikuri -37, Block Gangeo, District Rewa. It is averred that from petitioner's school 127 students appeared in Class Xth and 177 in Class XIIth. Govt. Junior High School, Chandeh was the center for examination. Board had taken the decision as per Order A -1, dated 19 -6 -2002 to cancel the examination on the ground of mass copying, there was no mass copying at the center in question. None of the student was indulged in copying, No unfair means was adopted. Reports of Dr. S.P. Pandey have been relied upon by the petitioner who has submitted the reports on 2 -3 -2002, 4 -3 -2002, 5 -3 -2002, 6 -3 -2002, 7 -3 -2002, 8 -3 -2002, 9 -3 -2002, 11 -3 -2002, 13 -3 -2002, 14 -3 -2002 and 15 -3 -2002. Naib Tehsildar also inspected as well as DEO, they never made any adverse report against the conduct of the examination. Asstt. Secretary of the Board Shri S.K. Chourasia also inspected the center on 7 -3 -2002, no adverse report was submitted, thus, petitioner submitted that action taken by the Board is bad in law. Petitioner submitted representation A -2. Board served a show -cause notice (A -3), reply (A -4) was submitted that was also brought to the notice of the Collector as per representation (A -5). Hence action of the Board is bad in law.

(3.) IT is further contended that decision of the Result Committee of the Board is proper and calls for no interference. There was sufficient material placed before the Board to record a finding of mass copying. There are contrary reports submitted by the same person Dr. S.K. Pandey that there was no mass copying in the examination center, probably under threat or undue pressure such reports were submitted mentioning incorrect facts.