MANJITA Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner appeared in the Diploma in Education 2nd Year examination in October 2012. She was inflicted punishment debarring her from appearing in the examination for use of unfair means in one paper. She approached this Court through C.W.P. No. 1867 of 2012 against the order of the unfair means committee and the appellate order dated 27.09.2011 rejecting the appeal and affirming the penalty. In the aforesaid writ petition, I took a view that the word 'Examination' was not defined. The petitioner had appeared in two Papers prior to Paper Three in which her conduct was faulted. I held that the petitioner could be only subjected to clear the paper in which she was caught using unfair means but not be compelled to repeat the entire 2nd year examination. However, the Board carried in intra Court appeal in which the following order was passed by the Division Bench on 02.08.2012:-

(2.) Therefore, indisputably on the cut off date i.e. 08.12.2012 the petitioner was not qualified to hold the post as she did not hold the B.Ed. degree. It cannot therefore be said that the action of the respondents in declaring her ineligible is illegal or unlawful.