K.N.Seth, J. - (1.) The petitioners are student of Junglee Baba Intermediate College, Garwar, district Ballia, petitioner no. 1 was the student of Intermediate Final year (Agriculture) for the session 1978-79 and the other two petitioners were students of Intermediate First year (Agriculture) for the same session. The Principal of the institution by his order dated 26-2-1979 directed that the petitioners are not permitted to appear at their respective examinations. The legality of that order has been challenged in this petition.
(2.) The impugned order has been passed in exercise of the powers under Rule 5 (2) of Chapter 12 of the Board of High School and Intermediate Examination Rules which empowers the Principal not to permit the students from appearing at the examinations in certain circumstances. The impugned order which was addressed to the parents/guardians of the petitioners mention that the student was since his admission in the institution and the order was being passed on the basis of his work throughout the year.
(3.) Learned counsel for the petitioner contended that the impugned order was passed without affording the petitioners any opportunity to explain their position. In the counter-affidavit on behalf of the Principal it has been stated that a general notice was.issued on 25-1-1979 to the effect that if a student does not appear at the six monthly examination or miserably fails in that examination he would not he allowed to appear to the Boards Examination. It has also been asserted that on 17-2-1979 a notice was sent to the petitioners stating therein that they had either not appeared at their six monthly examination or if they had appeared in one paper they had miserably failed. They were asked to explain within a week why they should not be detained from appearing at the Boards Examination, since no explanation was received from the petitioners, the impugned order was passed, In the rejoinder-affidavit it has been denied hat any notice was sought to be served on the petitioners and they refused to accept it.;