PRAMOD KUMAR AGRAWAL Vs. BOARD OF SECONDARY EDUCATION MADHYA PRADESH
LAWS(MPH)-1969-4-3
HIGH COURT OF MADHYA PRADESH
Decided on April 01,1969

PRAMOD KUMAR AGRAWAL Appellant
VERSUS
BOARD OF SECONDARY EDUCATION, MADHYA PRADESH Respondents

JUDGEMENT

- (1.) BY this application under Articles 226 and 227 of the Constitution, the petitioners, Pramod Kumar and Vinod Kumar Agrawal, apply for a writ of mandamus commanding the Board of Secondary Education, Madhya Pradesh, to declare their results at the Higher Secondary Examination, 1967, at which they appeared, and also apply for quashing the Order No. 5945/ Exam. Bhopal/67 of the Secretary of the Board, cancelling their admission to the examination,
(2.) IT appears that the petitioners were students of the S. S. V. Intermediate college, Hapur in Meerut District, and had appeared at the High School examination, 1965, held by the Board of Secondary Education, Uttar Pradesh, The examination of the petitioners was cancelled by the Uttar Pradesh Board for their having used unfair means and they were further debarred from appearing at the 1966 Examination. By suppressing these facts, the petitioners came to Madhya pradesh and secured admission to the Xth Class in the T. T. Tain Higher Secondary school, Ganj Basoda in District Vidisha.
(3.) THE then Principal of that school, one Shri K. P. Agarwal, also happened to hail from Hapur, and appears to have been a party to the fraudulent suppression of facts. It is rather pertinent to observe that he was shown as the local guardian of the petitioners in their admission form and their address was to the "care of him". Whatever that be, that gentleman as the Principal of the School and head of the institution, presented the petitioners as candidates for admission to the Board of secondary Education, Madhya Pradesh, for its Higher Secondary School Certificate examination 1967, by forwarding their application forms along with those of other students. In the usual course, the Madhya Pradesh Board issued Admission Cards to the petitioners, and they, accordingly appeared at the 1967. Examination. Thereafter, information regarding their improper admission to the School leaked out, and Shri Agrawal, the then Principal, presumably to safeguard his own position, addressed a letter No. l777/67/bpl, dated 10th May 1967 to the Board, stating that "there 'was an irregularity in the Transfer Certificates", produced by the petitioners, which they had submitted at the time of their admission to the school. He further requested the Board that the results of the petitioners be, accordingly, withheld pending his enquiry from the former School at Hapur from which they came, The original Transfer Certificates are now admittedly not on record.;


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