FAYAZ AHMED MALIK Vs. STATE OF J&K

JUDGEMENT

(1.) THE writ petitions in hand have been filed by the examinees who appeared in Higher Secondary Part -II (12th class) Examination in its Annual Session of May/June, 1993. The said petitions have called in question Notification No. VIG (HSE -II) 93/KD/8 dated june 29, 1993, issued by the Chairman Jammu and Kashmir State Board of School Education, hereinafter called the Board. The impugned Notification has cancelled the entire examination of 24 centers falling within the territorial jurisdiction of District Pulwama. The vires of Notification issued under No. F. 20 (Acad -BM) B/Jan/93 dated January 27,1993 have also been called in question in particular so far as its paras 66(a) and 66(b) are concerned. When these petitions came up before a Single Bench of this Court {Rizvi J), the said Bench, by virtue of its order dated April 22,1994, has ordered that all these petitions be clubbed together and heard and disposed of simultaneously. Besides that the learned Single Judge referred the matter to a Division Bench after formulating the following questions: -

(2.) THE aforesaid petitions have called in question the Notification No.F -20 {Acad -BM)/B/Jan/93 dated 27 -1 -1993, on the following grounds: -

(3.) THE Notification No. VIG (HSE -II) 93/ KD/8 dated June 29, 1993 has been issued after the earlier notification dated Jan. 27, 1993 was issued. While the earlier notification was a piece of substantive law on the subject of masscopying the subsequent notification dated 29.6.1993 is one which has been issued in execution of the earlier notification dated 27 -1 -1993. That becomes pertinent for being placed on record because the latter notification while acting upon the notification dated 27 -1 -1993 has proceeded upon some information with regard to masscopying of Higher Secondary Part -II Examination of the Centers with regard to which examinations have been cancelled. The subsequent notification, as such, can safely be termed as an off -shoot of the earlier notification and both will go hand -in -hand.