Court No. - 39 Case :- WRIT - C No. - 22438 of 2010 Petitioner :- C/M, Sri Shiv Chand Uchch Madhyamik Vidyalay & Ors. Respondent :- State Of U.P. Thru. Secr. Dept. Of Secondary Educ. & Ors. Petitioner Counsel :- A.K. Malviya Respondent Counsel :- C.S.C. Hon'ble Dilip Gupta,J.
The petitioners have sought the quashing of the order dated 22nd
March, 2010 passed by the Secretary, Board of High School &
Intermediate Education, Allahabad (hereinafter referred to as the
‘Secretary’) by which re-examination of Hindi and Mathematics
Papers of the High School Examination pertaining to certain ‘Vitta
Vihin’ Institutions of District Ghazipur has been ordered.
The said examinations of Hindi Paper I and Hindi Paper II were
held on 6th March, 2010 while examination of Mathematics Paper
I and II were held on 10th March, 2010 and 13th March, 2010
respectively.
Learned counsel for the petitioners has pointed out that the order
dated 22nd March, 2010 was also under challenge in Writ Petition
No.18050 of 2010 that had been filed by 65 Institutions and the
said petition was allowed by the judgment and order dated 21st
May, 2010.
In the present case, time was granted to the learned Standing
Counsel on 23rd April, 2010 to file a counter affidavit. A counter
affidavit has been filed in which apart from the general averments
as were contained in the counter affidavit filed in Writ Petition
No.18050 of 2010, it has also been stated in respect of three
Institutions that the copies of most of the candidates tallied and
that the Centre Superintendent/Class Invigilators were not
performing the duties and were assisting in mass-copying. The
allegations are general in nature and there is nothing on the record
to indicate that any effort was made by the Board to find out
whether their answers were similar. It cannot, therefore, be said
that the students had resorted to use unfair means.
In the judgment and order dated 21st May, 2010 passed in Writ
Petition No.18050 of 2010 it was observed:-
“A counter affidavit has now been filed by the learned Standing
Counsel and reliance has also been placed on the reports but in the
absence of any specific report about mass copying, it is just not
possible to sustain the order for cancellation of the examination for
use of mass copying merely on the basis of the presumption that
there was a possibility of use of unfair mean.
Thus, the order dated 22nd March, 2010 passed by the Secretary of
the Board is set aside and the Board shall declare the result of the
examination.
The petition is, accordingly, allowed.”
In view of the aforesaid discussion and in view of the judgment
and order dated 21st May, 2010 passed in Writ Petition No.18050
of 2010, this petition also deserves to be allowed. The order dated
22nd March, 2010 passed by the Secretary of the Board is set
aside. The Board shall declare the result of the examination
expeditiously.
The writ petition is, accordingly, allowed.
Order Date :- 5.8.2010
GS