UMA SHANKAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application is made on behalf of Uma Shankar Singh for grant of a writ under Article 226 of the Constitution, calling upon the respondents to declare the result of the petitioner at the Matriculation Examination held in March, 1957, by the Bihar School Examination Board, The petitioner has also prayed for a writ to quash the order of the Bihar School Examination Board, respondent No. 2, dated the 14th of August, 1957, debarring the petitioner from appearing at any University or Board examination prior to the Annual Examination of 1959. Cause has been shown in this case by the learned Government Pleader on behalf of the respondents.

(2.) The petitioner was a student of Gait High English School, Aurangabad, and he appeared at the Annual Secondary School Examination held in March, 1957. The petitioner's roll number was Aur. 18, and the examination centre was the Town High English School at Aurangabad. The petitioner appeared at the Annual Examination held by respondent No, 2 in March, 1957, but when the results of the examination were announced the name of the petitioner was not published. On 14-8-1957, a letter was sent to the Head Master of Gait High English School by respondent No. 2, saying that the petitioner along with some other candidates was debarred from appearing at the University or Board examination prior to the Annual Examination of 1959. A representation was made by the petitioner on 26-8-1957. In reply to the representation the Board informed the petitioner on 28-9-1957, that the petitioner had been debarred for two years since there was a charge of using unfair means and "the matter has been thoroughly examined by the Board before awarding punishment." A copy of this letter is annexure F to the application of the petitioner. The case of the petitioner is that he was not given an opportunity to show cause against the charge of using unfair means and so the order of respondent No. 2 debarring him for two years from appearing in any University or Board Examination is legally invalid and must be quashed by a writ under Art 226 of the Constitution.

(3.) It was argued on behalf of the petitioner that the order of the Board holding that the petitioner was guilty of using unfair means was an order which adversely affected the reputation of the petitioner -- it even affected his future career --and so it was incumbent upon the Board to give an opportunity to the petitioner to show cause before finally condemning him. It was conceded by the learned Counsel that there is no statutory provision requiring the Board to give an opportunity to the petitioner to show cause. The argument of the petitioner is however based upon the principle of natural justice. We do not agree with this contention advanced on behalf of the petitioner. The authority of the Board to make an order debarring the petitioner is derived from Section 6 (1) and Section 6 (2) (c) of Bihar Act 7 of 1952 which are in the following terms: