DANDABOINA HARISH Vs. STATE OF TELANGANA

JUDGEMENT

(1.) The petitioner is aged about 15 years and a student studying 10th class in Mahatma Jyotiba Phule Telangana Backward Classes Welfare Residential Educational Institutions Society (MJPTBCWREIS) for Boys, Kamalapur, Hanumakonda District.

(2.) He appeared for the SSC examinations with Hall Ticket bearing Roll No.2312110178 with effect from 3/4/2023 at examination centre No.12050 i.e., Z.P. High School (Boys), Kamalapur , Hanumakonda District. It was alleged that, on 4/4/2023, during the course of examination of Hindi subject, the petitioner has given scope for malpractice by using unfair means and violated the provisions of the Telangana Public Examinations (Prevention of Malpractices and Unfair Means) Act, 1997 (for short 'the Act, 1997'). On the said allegation, the petitioner was prevented from appearing for the examinations with effect from 5/4/2023 to 11/4/2023. At that stage, the petitioner approached this Court by filing Writ Petition No.9649 of 2023 and this Court passed an interim order, dtd. 8/4/2023, permitting the petitioner to appear for the Science and Social examinations that were scheduled to be held on 10/4/2023 and 11/4/2023. Accordingly, the petitioner appeared for the said two examinations. Thereafter, respondent No.2 issued proceedings, dtd. 5/4/2023, cancelling the performance of the petitioner in all the papers for which the petitioner appeared during the month of April, 2023 and also debarring the petitioner for two subsequent examinations on the ground that the petitioner involved in malpractice on 4/4/2023 by disclosing Hindi subject question paper at centre No.12050 to an outsider. Aggrieved by the said proceedings, dtd. 5/4/2023, the petitioner approached this Court by filing Writ Petition No.13332 of 2023.

(3.) This Court, by an interim order, dtd. 11/5/2023, directed respondent Nos.4 and 5 to permit the petitioner to pay examination fee for the supplementary examinations that were scheduled to take place with effect from 14/6/2023 in respect of two examinations for which he could not appear, which were held in the month of April, 2023. Accordingly, the petitioner was permitted to appear for the said examinations.