BENIMADHO LAL Vs. BIHAR SCHOOL EXAMINATION BOARD

JUDGEMENT

(1.) IN this case the petitioners have moved this Court for a writ in the nature of 'certiorari' for calling up and quashing an order of the INspector of School, Patna Division, Patna, rusticating three ex-students of the Patna High School, namely, Suraj Singh, Birendra Pratap Sinha and Sudhakar Prasad Sinha. There is also a prayer made on behalf of the petitioners for a writ in the nature of 'mandamus' commanding the Bihar School Examination Board, Patna, to publish the results of the Secondary School Examination with reference to the three ex-students whose names have been given.

(2.) IT appears that on 20-2-1953, one Sri Satish Narain Taterway, was assaulted by certain persons in the premises of the Patna High School. Information to the police was lodged and on 21-3-1953, charge sheet was submitted against the three ex-students for their trial under Sections 323 and 448 of the Penal Code. The case was heard by Mr. J. N. Prasad, Munsif-Magistrate, Patna, who acquitted the three ex-students by his judgment dated 29-8-1953. The learned Magistrate found that the prosecution was started on mere suspicion and hearsay information and that the three ex-students were innocent of the charges framed against them. IT is alleged on behalf of the petitioners who are the parents qf the three ex-students that the action of the Inspector of Schools in making an order of rustication was an order beyond his jurisdiction and 'ultra vires' and ought to be quashed by the High Court. IT was also stated in the application that the three ex-students had appeared in the Secondary School Examination held in February, 1953, but the results had been wrongfully withheld by the Bihar School Examination Board. IT was, therefore, prayed on behalf of the petitioners that a direction should be issued to the opposite party Nos. 1 to 3 to publish the result of the Secondary School Examination so far as the petitioners' sons were concerned.