BHAGWAN DASS Vs. MUNICIPAL CORPORATION OF DELHI
LAWS(DLH)-1983-9-18
HIGH COURT OF DELHI
Decided on September 07,1983

BHAGWAN DASS Appellant
VERSUS
MUNICIPAL CORPORATION OF DELHI Respondents


Referred Judgements :-

UNION OF INDIA VS. H C GOEL [REFERRED TO]


JUDGEMENT

G.C.Jain, J. - (1.)This judgment would also dispose of Civil Writ No.756 of 1972 (ChandKumarv. Municipal Corporation of Delhi and others) asthe questions involved in both the writ petitions are same.
(2.)Municipal Corporation of Delhi (for short "the Corporation'),respondent No. 1, is maintaining a number of primary schools. For purposes of supervision and control of the educational activities the area of theCorporation is divided into zones. The examinations of fifth class studentsof their primary schools in four subjects, namely, Arithmatic, Hindi, SocialStudies and General Science are conducted by an examination board constituted by the Corporation. The test for the fifth subject, namely. Art, istaken by the teachers in the Schools itself After compiling the results theresult sheets are sent to the Zonal Office by the examination board. Fromthere these are collected by the Headmasters concerned or by the teachersauthorised by them. After the result is brought to the school the marksobtained by the students in the Art subject are added in the result sheet.Marks of all the subjects are then entered in a register maintained by theschools. The register is then taken to the Zonal Office for checking andapproval. After the result is approved by the area Inspector of Schools(Zonal) it is announced by the Headmasters of the schools concerned.
(3.)One Suraj Bhan and the petitioners in the petitions were employedas Assistant Teachers in Municipal Corporation Middle School, Moti NagarEast-11, in the year 1968-69. Shri Sant Ram Bhardwaj was the Headmasterof the said School. The result of the fifth class for the academic year 196869 was announced as usual probably on 30/04/1969. After .some daysSant Ram Bhardwaj, Headmaster, was called in the office by the SchoolInspector concerned along with his result sheet. On reaching there theInspector expressed some doubts about the marks of Hindi subject obtainedby his student with roll No. 14341 and asked the Headmaster to get thisclarified. The result sheet was compared with the duplicate copy by Mr.A.N. Khose and it was found that there was a change in the marks ofstudents with roll numbers 15236, 15235, 15315, 15336, 15339 besides 15341.After a preliminary enquiry the petitioners and one Suraj Bhan weie chargedfor having, in collaboration amongst themselves, increased the marks obtainedby students with the above roll numbers and given illegal promotion to them.The enquiry was held by Shri Randhir Singh who vide his report (AnnexureA) exonerated Suraj Bhan. He, however, found the charges proved againstthe present petitioners.
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