PARAMDEEP SINGH GILL Vs. PUNJAB EDUCATION BOARD

JUDGEMENT

(1.) PUNJAB School Education Board on receipt of information from the Flying Squad has cancelled the examination in the subject of Physics of 10 + 2 class in the Centre of Guru Nanak Government College, Guru Tegh Bahadurgarh (Faridkot). The examination is to be held again. This action is challenged by the present petitioners, who are students, and are now supposed to again take the examination. Shri Gurdial Singh Gill father of petitioners Nos. 1 and 2, has argued the case. We are not satisfied with the arguments advanced to interfere in this writ petition. It was entirely for the Board on enquiry being held to cancel the examination. No discriminatory treatment is being meted nut to the present petitioners. All the students, who had taken examination in Physics are now to reappear. The contention raised on behalf of the petitioners is that as provided under Regulation 28 of the Board, an inquiry was contemplated before taking the decision for holding re-examination. In our view, the inquiry contemplated under Regulation 28 is not such inquiry which is conducted in the disciplinary proceedings, i.e., of serving charge sheet and getting explanation followed be recording evidence. The inquiry contemplated under Regulation 28 is only with respect to getting prima facie material that in the examination there was use of unfair means. It is entirely different when individual students were to be proceeded against for issuing unfair means in answering question papers and debarring them from reappearing in examination on proof of the fact for use of unfair means that opportunity of hearing is to be given, which is a principle of natural Justice and fair play. Regulation 28 of the Board reads as under:-