ANUPAM LAV Vs. CENTRAL BOARD OF SECONDARY EDUCATION

JUDGEMENT

(1.) TWO students studying in CBSE Course are primarily aggrieved by the endorsement made in their mark sheets for All India Sr. School Certificate Examination, 2003 (hereinafter referred to as the 'Examination) to the effect that the results have been declared provisionally subject to the outcome of Crl. Case No. 11/03 Under Section 468/471/506 IPC in Miao PS. They have prayed for appropriate reliefs, inter alia, for directing the respondents to delete the said endorsement and to issue fresh mark sheets reflecting their results.

(2.) I have heard Mr. Sahewalla, learned Sr. counsel assisted by Mr. Bora, advocate for the petitioner and Mr. C. Choudhury, learned CGSC for the respondents. None has entered appearance on behalf of respondent No. 4. This Court by order dated 11.9.2003 while issuing notice of motion had observed that an attempt would be made to dispose of the case finally on the next date keeping in view the urgency expressed by the learned counsel for the petitioners.

(3.) IN the counter filed by the Board, it has been, inter alia, pleaded that the admission of the petitioners in the School has been in violation of the procedure and guidelines prescribed by the Board inasmuch as under the admission procedure, no student can be admitted in Class -IX or above in a School affiliated to the Board after 31st August, except with the prior permission from the competent authority as mentioned in the guidelines. As admittedly, the regular admission had been made on September, 1992, prior permission from such authorities was necessary. Moreover, the transfer certificates issued by the School at Patna did not contain the counter signature of the competent authorities of the Education Deptt., of the concerned State or of the Board as prescribed by the guidelines. The further plea is that on receiving a complaint regarding status of the petitioners as students of the School at Miao and their eligibility to appear in the examination, an enquiry was made through a three member committee set up by the Board, which scrutinised the contemporaneous records and submitted a report confirming various irregularities in the matter of admission of the petitioners. It was alleged that the petitioners were not the regular students of the School. It transpired from the FIR lodged by one of the teachers of the said School before the police (on which the above mentioned police case has been registered) that the petitioners had not attended classes in Mathematics even for a single day. The authorities of the Board therefore were satisfied that the students were not bona fide students of the Govt. Higher Secondary School, Miao and accordingly they did not publish the results initially. However, on a request made by the Principal of the School and the father of the petitioners, the results were declared subject to the endorsement appearing in the mark sheets. It is the contention of the Board that though the impugned decision has not been taken under rule 361 of the CBSE Examination Bye laws, Rule 12'1 thereof permitted it to take such action as it deemed it fit and proper in the facts and circumstances of the case. The stand of the Board therefore is that action was taken bona fide and in accordance with the provisions of the examination bye laws to uphold the vigour and probity of the admission procedure of Schools affiliated to the CBSE and discourage use of unfair means in such matters as well as irregularities connected with the examination process of the Board.