- (1.) G. P. Mathur, J. The respondents in the appeal appeared in English II paper of the High School Examination of the year 1994- 95 from Nehru Smarak Uchchatar Madhyamik Vidyalaya, Darawar, Bullandshahr on 23-5-95. Nearly six hundred students appeared in the examination from the aforesaid centre but the result of 204 students including the writ petitioners was cancelled by the order dated 20-1-96 on the ground that they had indulged in mass copying which was challenged by filing the writ petition given rise to the present appeal. After hearing learned Counsel for the parties, a learned Single Judge finally disposed of the writ petition on 17-8-98 with the following directions: "in the circumstances of the case it would be proper if the petitioners are allowed to reap pear in English II paper Examination of High School which may be organised specifically for the petitioners by the Board. The writ petition, therefore, is finally disposed of with the direction that Respondent No. 1 shall organise/hold the examination of the petitioners in English II paper at some centre at district headquarters of Bullandshahr within three months from the date a certified copy of this order is produced before. Respondent No. 1. Intimation of the date time and place of the examination shall be conveyed to the petitioners by registered post at least seventy days in advance. ". After the examinations are over and answer books are evaluated the result of the petitioners of the year 1994-95 ex amination shall be declared in the light of the marks obtained by them in English II paper examination which is to be held under the order of this Court.
(2.) FEELING aggrieved by the aforesaid order, the Board of High School and Inter mediate Examination U. R and two others have preferred this special appeal. The spe cial appeal was admitted on 18-12-98 and the operation of the judgment and order of the learned Single Judge was stayed. When the special appeal was taken up for the hearing it was considered desirable that the matter may be settled by the authorities as career of a large number of students was involved and a long period had elapsed. The appeal was therefore, adjourned to enable the learned Standing Counsel to obtain instructions. During the hearing of the appeal, Sri A. N. Verma Addl. Secretary of Board of High School and Intermediate Examination U. P. was present in Court to instruct the learned Standing Counsel. With the consent of the learned Counsel appearing for both the sides, the special appeal is being disposed of with the following direction: The appellants Nos. 1 and 2 shall make available examination forms for the respondents (writ petitioners who are 73 in numbers) in the office of DIGS Bul landshahr by 16-3-2000. The respondents shall submit duly filled in examination forms in the office of the DIGS Bullandshahr by 23-3-2000 after getting the same verified and forwarded from the Principal of the Institu tion from where they had earlier submitted their examination forms of the examination held in 1995. Such of the respondents who fill in the forms will be allowed to appear in English II paper in the ensuing Board is examination of the year 2000. The result of the High School Examination of the year 1994-95 of the respondents shall be declared after taking into consideration the marks secured by them in English II paper in which they will appear in terms of this order. It is made clear that only those respondents will be permitted to avail the benefit of this order who had not appeared in any ex amination of the Board which has been conducted subsequent to the year 1995. We may clarify here that this order has been passed in view of the peculiar facts of the case and the concession made by the learned Standing Counsel in order to avoid further hardship to the concerned students.
(3.) A certified copy of this order shall be made available to the Counsel for the parties on payment of usual charges by 10-3-2000. Ordered accordingly. .;