NIKITA Vs. BOARD OF SEC EDU

JUDGEMENT

(1.) BOTH the writ petitions involving common question, at joint request, were heard together and are being decided by present order.

(2.) IN order to appreciate grievance of petitioners, it will be necessary to glance through relevant facts. Petitioners are regular students of Senior Secondary (Science). The petitioners (Nikita, Raju Sankhla & Ravi Sabal-CW-12461/2011; and Kailash Chand Chawla, Kailash Chandra Saini & Dipendra Saini-CWP-10530/2011) while pursuing their studies respectively in Panabai Ramnath Poddar Senior Secondary School, and Shri Nawalgarh Senior Secondary School, Nawalgarh (Jhunjhunu), appeared in practical examination of Physics/Chemistry papers held on 12/02/2011; but as alleged, the Flying Squad constituted by respondent-Board came to the examination hall and found the petitioners indulging in using unfair means and as alleged, it was reported by Flying squad team that some copies were found near the tables where petitioners were writing their practical examination; however, immediately on search report being submitted by members of Flying Squad, their practical examinations were cancelled and respondent Board vide its letters dt.21/03/2011 & 17/03/2011 directed the respondent-institution for conducting practical examination of Physics/Chemistry afresh on 25/04/2011 & 18/04/2011 and all the petitioners appeared in their practical examination besides main examination of Senior Secondary Science examination, 2011; however, they were shocked when they came across information that for alleged incident having taken place at the time of their practical examination of 12/02/2011, based on the report of Flying Squad team of the Board making allegations of petitioners being indulged in using unfair means, the Board took decision to cancel their examination, 2011 and further debarred them to appear in next examination, 2012 as is evident from minutes of the committee dt.24/05/2011 (Ann.R1/4).

(3.) COUNSEL further submits that on the report being signed by only one member of the flying squad about alleged incident of 12/02/2011, practical examinations of physics & chemistry subject were cancelled - pursuant to which respondent-Board issued letter directing the institutions to hold practical examinations afresh of respective subjects, in which all the petitioners appeared followed by written examination and the latter decision in such circumstances regarding cancellation was uncalled for.