MADAN SHARMA Vs. BIHAR SCHOOL EXAMINATION BOARD

JUDGEMENT

(1.) This is an application, under Articles 226 and 227 of the Constitution of India, for quashing the cancellation of petitioner's result of Higher Secondary School Examination of the year 1969, communicated to the petitioner through Annexure-2, which is a letter dated 27-4-1970 from the Principal of the Banshidhar Uchater Madhayamik Bidhyalay, Bharatpur (Patna) addressed to the petitioner.

(2.) The petitioner was a student of Banshidhar Uchatar Madhayamik Bidhayalay, Bharatpur (Patna) and appeared at the annual Higher Secondary School Examination for the year 1969. The examination was conducted by respondent No. 1, the Bihar School Examination Board (hereinafter referred to as the Board). The result of the examination was published by and under the authority of respondent No. 1. It was so published, amongst others, in the Hindi daily "Aryabrat" dated 14-8-1969. The petitioner was declared to have passed the examination in the third division. After the publication of the result the petitioner obtained the mark-sheet, a copy of which has been made Annexure-1 to the petition and is dated 20-8-1969. Thereafter the petitioner on the basis of his having passed the examination aforesaid, got himself admitted to the first part of the three years' Degree Course in Arts in Altidhari College, Noubatpore, Patna. The petition states that, the petitioner having diligently prosecuted his studies in the College, is taking his final examination for Part I of three years' degree course which is scheduled to be held on 7-7-1970. All these facts are not denied by respondent No. 1.

(3.) The petitioner received a letter from the Principal of Banshidhar Uchatar Madhayamik Bidhayalay, Bharatpur (Patna) on 27-4-1970, stating that according to the letter dated 23-4-1970 received by the Principal from respondent No. 1, the petitioner has been declared to have failed in the annual examination of the Board. The petitioner states that he was taken by complete surprise by the receipt of this letter and the unjust and arbitrary declaration made therein. The petitioner has not been given any opportunity to show cause before the cancellation of the result aforesaid. This violates the principles of natural justice and the action taken by respondent No. 1 is unjust and arbitrary. Representation was made by the petitioner to respondent No. 1 against the aforesaid action taken by respondent No. 1 and to undo the injustice to him. Having failed to receive any response, the petitioner has filed this application.