RAJA BHAIYA TIWARI Vs. BOARD OF SECONDARY EDUCATION

JUDGEMENT

(1.) THE petitioners, ten in number, appeared in Class XIIth Examination conducted by the Board of Secondary Education, Madhya Pradesh in the year 2004. They had appeared from Government High School, Patehra, District Rewa. The admission cards issued in their favour have been collectively annexed as Annexure P-l. It is contended that they are brilliant students and secured very good marks in Class Xth examination which was conducted by the Board. It is putforth that Class XIIth examination is an important examination conducted by the Board as that enables the students to appear in the Pre Medical Test Examination, Pre Engineering Test Examination and such other entrance tests. For the academic year 2003-04 all the petitioners had undergone their regular studies and had appeared as regular students from the Centre as mentioned earlier. In the aforesaid school 300 students appeared in the examination from various faculties such as Arts, Commerce, Science, Mathematics and Biology etc. All the petitioners belong to Biology Group and by special permission the petitioner Nos. 1 and 2 had opted for both the group, namely, Biology and Mathematics groups. They were permitted to appear in both the streams. On 3-3-2004 a date was fixed for Mathematics paper. On that date an information was given by the Local Administrator, Tehsildar, Teonthar that some miscreants had surrounded the school and are disturbing the smooth conducting of the examination. On the basis of the said information submitted by the Tehsildar, the Collector, Rewa forwarded the information to the Board of Secondary Education that unfair means had been adopted by the concerned persons. The Board of Secondary Education treated the said information as a complaint and cancelled the result of the students belonging to Mathematics and Biology groups, though the information was given that the miscreants were disturbing the conducting of the examination outside the premises of the school. According to the writ petitioners without holding any inquiry whatsoever and without probing into the matter the Board and its functionaries arbitrarily took a decision that examination of all students of Mathematics and Biology group were required to be cancelled whereas hardly two or three students were founding using unfair means and there cases were scrutinized by the Centre Superintendent and were forwarded by him to the Board of Secondary Education. In essence, it is urged that when there was non involvement of the petitioners in any kind of unfair practice, but unjustifiably the examination has been cancelled. It is putforth that on 25-5-2004 a news was flashed in the newspaper that because of using unfair means the examinations of 12000 students has been cancelled. Prior to that, on 21-5-2004 when the result of the other students were declared the roll number of the petitioners did not find place. They made an attempt to know what had happened to their result and they came to know that the same had been cancelled. It is urged that the Board is not competent to cancel the examination without affording a reasonable opportunity of hearing to the petitioners. It is asserted by him that the act of the Board smacks of arbitrariness inasmuch as no effort has been made to conduct an inquiry whatsoever. In this factual backdrop a prayer has been made for issue of a writ of certiorari for quashment of the decision taken by the Board for cancelling the examination and to direct the Board to publish the result immediately.

(2.) A counter affidavit has been filed by the respondent Nos. 2 and 3, namely, the Secretary Board of Secondary Education and the Collector, Rewa, contending, inter alia, that there was large scale mass copying on the basis of which the Competent Authority of the Board took a decision to cancel the result. The Collector, Rewa has sent a report dated 5-3-2005 to the Board stating that the Government School, Patehra Examination Centre No. 32079 was surrounded by many persons who were actively involved in the mass copying. The Collector has recorded that some outside miscreants were continuously supplying the copying material to the students and that the centre in question was involved in mass copying. The Tehsildar, Rewa also submitting his report to the Collector on 5-3-2004 stating that on 4-3-2004 and 5-3-2004 some outsiders were involved in facilitating mass copying. It was further incorporated that books and the copying material were being supplied to the students from the outsiders and a panchnama were also prepared. The examination in-charge has also complained about the mass copying. The Tehsildar had reported that it was not possible to stop mass copying in the examination centre. The reports of the said authorities have been brought on record as Annexures R-2/2 to Annexure R-2/4. It is also put forth in the reply that the Centre Superintendent had also submitted this complaint to the SDO that due to outside elements the examination centre was involved in mass copying and was not possible for him to control the same. A copy of said complaint has also been brought on record as Annexure R-2/5. The aforesaid report were placed before the result committee taking account of large scale mass copying took a decision to cancel the result and, accordingly, a notification was issued on 20-5-2004 cancel the result/examination of the Centre No. 32079. The said notification forms the subject matter of Annexure R-2/7. The roll numbers of the petitioners find place in the said notification.

(3.) I have heard Mr. Atulanand Awasthy, learned Counsel for the petitioners, Mr. Harish Agnihotri, learned Counsel for the respondent No. 1 and Mr. Naman Nagrath, learned Counsel for the respondent Nos. 2 and 3.