ANAND MOHAN JHA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioners have filed this joint writ petition challenging the order passed by the Board of Secondary Education, Rajasthan, Ajmer by which their examinations are cancelled on account of mass copying.

(2.) THE petitioners appeared for the examination of Senior Secondary School (Science), 2004 held in the month of March 2004, as regular students of Govt. Senior Secondary School, Tapukara, Tehsil Tijara, District Alwar. during the course of examination the examiner has made the complaint regarding mass copying. THE matter was examined and after following due process of law the petitioners' examination for 2004 has been cancelled.

(3.) LEARNED counsel for the petitioners also submits that this is not a case of respondents that the petitioners were caught red handed by invigilator or by flying squad. Since they have not been caught red handed, no material evidence is available with the respondent No. 2 regarding mass copying. Since there is no intrinsic evidence to prove charges, cancellation of examination is wrong and not permissible under law as held by Allahabad High Court.