Decided on September 26,1986

Farooq Jan Appellant
Board Of School Education, JAndK Respondents


- (1.) PETITIONER prays for quashing of Order No. F (43) UFM/SEK dated 13 -6 -1986 issued by the respondent No. 4 disqualifying the petitioner for appearing in any Board examination for one year, and other orders subsequent to the order impugned and a direction is sought that petitioners result be directed to be declared.
(2.) BRIEF facts relevant for determination of the points involved in the petition are as under.
(3.) PETITIONER is said to have appeared in Higher Secondary part II examination in March/April session, 1986 under Roll No. 6496. His results were not declared for he was accused of having resorted to unfair means and therefore the results were with held. The respondents are said to have informed the petitioner about it when he approached them for declaration of results and on 12 -5 -1986, in terms of Annexure -III charge was given to the petitioner that, while evaluating the answer script a piece of paper relevant to the subject of examination was found inside your answer book. The preamble of the charge stated that the petitioner had resorted to use of unfair means while taking examination in Physics Paper A on 19 -4 -1986. The charge was leveled by the concerned examiner. Before the case could be processed, he was asked to give his explanation to the charge and was given opportunity of being heard personally if the petitioner so desired. Ten days time was granted to the petitioner for filing the reply. Petitioner is said to have filed the reply on 3 -6 -1986 denying the allegations There after order dated 13 -6 -1986 which is impugned in the petition is passed. The impugned order states that explanation of the petitioner was placed before the Unfair means Committee and the committee has recommended one years disqualification for appearing in the Board Examination and it is stated that before the recommendations of the committee are given effect, petitioner is given opportunity to explain as to why the penalty recommended should not be imposed upon him. Three days time was given to the petitioner for doing the needful. Petitioner has filed his explanation denying the charges and requesting the respondents to reconsider his case and requesting them further to declare his results. Petitioner has appended annexure VII and VIII to indicate that one Khursheed Ahmed, a student who was also found to have used unfair means in the examination was given a lenient punishment and in his case cancellation of the answer book in which he was alleged to have resorted to unfair means was recommended. The respondents have filed the reply affidavit in which they have justified the proposed action of punishment against the petitioner. Annexure -V which is impugned in the writ petition is said to be only a show cause notice and therefore it is said to be premature because no final decision was taken. It is stated that a thorough enquiry was made by the respondents under rules and thereafter a tentative decision was taken. Allegation regarding the violation of principles of natural justice is denied. Record was made available to this court at the time of hearing of the writ petition. I have examined the record as also the contentions raised by the parties in their pleadings.;

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