ABDUL HAQUE NASEEM Vs. BOARD OF SECONDARY EDUCATION

JUDGEMENT

(1.) BY this application under Article 226 of the Constitution the petitioner challenges the validity of an order passed by the respondent No. 2, the Controller of Examinations, Board of Secondary Education, Bhopal, hearing the date 2nd July 1965 (sic) cancelling the petitioner's result at the Higher Secondary School certificate 'a' course Examination held in March 1965 and debarring him from appearing at the examination for the ensuing year 1966.

(2.) THE petitioner appeared at the Higher Secondary School Certificate 'a' course examination of 1965 (hereinafter referred to as the examination) as a student of saifia Higher Secondary School, Bhopal. The examination commenced on 8th march 1965 and ended on 27th March 1965. On the last date of the examination while he was answering 'urdu Second Paper' he was found by the invigilator Shri shamim Akram talking with other examinees. The invigilator warned him repeatedly but he paid no heed to the warnings. It appears that at the close of the examination on 27th March 1966 the petitioner got annoyed with the invigilator and threw his answer-book at the face of the invigilator and went away. Thereupon, Shri Akram made a report in writing to the Superintendent, examinations, Saifia Higher Secondary School Centre, Bhopal, Shri Azimulla Khan, against the petitioner which was as follows:

(3.) ON 11th May 1965 a notice was issued to the applicant Abdul Haque by the controller of Examinations intimating him that it had been brought to the notice of the Results Committee of the Board of Secondary Education that while answering the Urdu Second Paper he was "found using unfair means or in possession of unauthorised or prohibited articles" and that he had thus violated the rules framed by the Board with regard to examinations and asking him to show cause why under Rule 20 of Chapter XVI of the Regulations framed by the State Government under the Madhya Pradesh Secondary Education Act, 1959 (hereinafter referred to as the Regulations) action should not be taken against him. The applicant was also informed by the said notice that if after considering the complaint of the superintendent, Examinations, Safia H. S. School Centre, and his reply thereto, the Results Committee reaches the conclusion that he had used unfair means or that he was in possession of unauthorised or prohibited articles, then the committee could cancel his result and/or debar him from appearing at the examination for the next two years. The applicant was asked what he had to say with regard to this punishment.