SARITA KUMARI Vs. BOARD OF SECONDARY EDUCATION

JUDGEMENT

(1.) In this petition, under Article 226 of the Constitution of India and in the matter of the order dated 13-8-2009 by which the Secondary Examination, 2009 of the petitioners was cancelled by the respondents, an order came to be passed by the learned single Judge of this Court on 22-2-2010 that the case be placed before Hon'ble the Chief Justice for referring it to a Larger Bench.

(2.) The material facts relevant for deciding the 'issue raised before us, are that the petitioners are the students of Class 10th of Swami Kshvanand Sr. Upadhyay Sanskrit Vidhya Peeth, Mukundgarh Mandi, District Jhunjhunu. The respondent Board had conducted the Secondary Examination, 2009 from 23-3-2009 and all the petitioners had appeared in the said examination. They were allotted Examination Centre No. 15029, Swami Kshvanand Sr. Upadhyay Sanskrit Vidhya Peeth, Mukundgarh Mandi, District Jhunjhunu. The result of the above mentioned examination was declared by the respondent but the results of the petitioners were withheld.

(3.) According to the respondent Board, the petitioners had appeared from the examination centre at Swami Kshvanand Sr. Upadhyay Sanskrit Vidhya Peeth, Mukundgarh Mandi, District Jhunjhunu. During the assessment of the answer books in the examination of Social Science (II) paper, it was found that unfair means was used by the students at the said examination centre and therefore they made complaint/reports in this regard. The matter was then placed before the Result Committee on 23-6-2009 and the results of the students were withheld. The chart of sitting arrangement was also called from the examination centre. The students appeared from the above mentioned centre were then issued charge memos and were asked to submit their explanation regarding use of unfair means in the examination. The said explanation was to be submitted between 16-7-2009 to 20-7-2009. They were also informed that in case they did not admit the allegation, they may appear in the Board Office on the respective dates mentioned in the charge memos.