JAYANTILAL Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS petition has been filed by the petitioner under Article 226 of the Constitution of India, seeking the quashing of the order Annexure P -l passed by respondent No. 3 of canceling his examination of Certificate of Physical Education.

(2.) THE petitioner is one of those students who had sought the admission in Tatya Tope Physical College, Shivpuri, in the month of September, 1991 for undertaking the course of Certificate of Physical Education. The examination of Certificate of Physical Education is held and conducted by the M.P. Education Board, Bhopal/respondent No.3. It is contended by the petitioner that for seeking the admission, he had submitted the application form along with all necessary certificates and the authorities had also taken his test for adjudging his physical fitness. After the petitioner was found to be fit and qualified, he was admitted to the said course.

(3.) THE petitioner, under the certificate was verified to be residing in Ratlam (M.P.) since 1988. Accordingly, on the information received by respondent No., the Collector, Shivpuri, had informed respondent No.3 that the petitioner was not the bona fide resident of Madhya Pradesh. The examination of the petitioner was cancelled on such information. As against the petitioner, there is no allegation that he acted unfairly or had tiled the forged certificate. The petitioner had submitted the certificate as granted to him by the Tahsildar, Ratlam. He had not suppressed any information. The petitioner was verified to be the resident of Madhya Pradesh since 1988 and the respondent No.2 had admitted him in the institution. The petitioner is not alleged to have played any fraud or committed any forgery.