BALJINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners appeared in the Matriculation Examination of Paper- A of the Social Studies held on March 13, 1990 at Government High School, Dera Bassi centre of the Punjab School Education Board in the morning session. The said centre was raided by Flying Squad headed by Ms. Nirmal Kanta, Principal, Government Senior Secondary School (NTC) Rajpura (Patiala). She found that the examinees were resorting to mass copying during the examination. She reported the matter to the Controller of Examinations, Punjab School Education Board, Mohali (hereinafter referred to as 'the Board'). On the basis of the material produced before him, the Chairman of the Board cancelled the examination Paper-A of the Social Studies held on March 13, 1990 for the then matriculation examination of two centres, namely, Government High School, Dera Bassi and Mubankpur. The petitioner through this writ petition under Article 226 of the Constitution of india have sought the issuance of a writ in the nature of prohibition restraining the respondents from cancelling the above said paper on the allegation of mass copying and writ in the nature of Mandamus directing them to declare the result of the petitioners of Social Studies Paper-A examination held on 13.3.1990 at the Government High School, Dera Bassi Centre

(2.) Respondents contested the writ petition by filing written statement on behalf of the School Education Board.

(3.) On behalf of the petitioners, it is contended that the impugned order was violative of Regulation 28 of the Punjab School Education Board (Penalty) for Misconduct and Use of Unfair Means in the Matriculation and Higher Secondary Examination Regulations, 1979 (hereinafter referred to as 'the Regulations') in as much as no enquiry was held into the question as to whether unfair assistance was rendered to the candidates on a mass scale thereby violating the sanctity of the examination. Elaborating his argument learned counsel for the petitioners submitted that the examination was held on 13.3. 1990 and the cancellation was ordered on the very next day i.e. 14.3.1990 and, therefore, it was evident that no enquiry whatsoever was held.