LAWS(P&H)-1992-4-1

JUGRAJ SINGH Vs. PUNJAB SCHOOL EDUCATION BOARD

Decided On April 07, 1992
JUGRAJ SINGH Appellant
V/S
PUNJAB SCHOOL EDUCATION BOARD Respondents

JUDGEMENT

(1.) This order will dispose of Civil Writ Petitions 16467, 18611, 18612 and 18837 of 1991, and 2004 of 1992, the facts involved in these petitions being identical. Reference hereinafter shall be made to the facts in Civil. Writ Petition No. 16467 of 1991.

(2.) Challenge herein is to the order, Annexure P-3 cancelling the result of the petitioner of 10 + 2 examination conducted by the Punjab School Education Board (for short the Board) in April, 1991 and further disqualifying him from appearing during the next examination.

(3.) The petitioner appeared in 10 + 2 examination conducted by the Board in April, 1991. His result was declared as 'Later' as in the meantime, a complaint of mass copying in the subjects of Physics, Mathematics, and Chemistry had been received in the office of the Board. The matter was examined by the Board and as a result of scrutiny, it was found that the allegations of mass copying was wrong. The Board, however detected the cases of 28 students for taking action and ultimately took action against 12 of them. The petitioner is one of these 12 candidates ultimately, action was taken against the petitioner after serving a show cause notice and affording him an opportunity of being heard by the Unfair Means Committee (for short the Committee). The petitioner appeared before the Committee on 25/09/1991 and was asked to attempt question No. XIV (b) which he did, but some mistakes mostly of spelling were noticed. The Committee found that the petitioner copied question Nos. 1(a) (b), IV (b) and XIV (a)(b) from the material, a photostat copy of which had been received with the complaint. The Committee took action under Regulations 9(a), 10 and 11(1) of the Punjab Education Board (Penalties for Misconduct and Use of Unfair Means in the Matriculation and Higher Secondary Examinations) Regulations, 1979 (for short the Regulations). Consequently, order Annexure P-3 was passed where by the result of the petitioner for April, 1991 examination was cancelled and he was disqualified from appearing in next examination as well. It is this order passed by the Committee that has been challenged in this writ petition under Article 226/227 of the Constitution of India.