Hob'ble A.P.Sahi, J. - (1.) H
(2.) THIS petition has been filed praying for quashing of the order dated 20th March, 2008Annexure - 8 to the petition whereby the petitioner - institution has been debarred from functioning as a centre for the Board Examinations conducted by the U.P. Board of High School & Intermediate Examinations. The debarment order is challenged on several grounds, primarily that the impugned order is arbitrary and indicates the exercise of unbridled power of the respondents which has resulted in passing of the order for which no valid reasons are available. The submission raised is that there was a solitary instance relating to the submission of two answer books by one individual candidate and the punishment meted out to the institution is absolutely disproportionate and does not conform to any apparently reasonable basis for imposing such a punishment. The matter had been adjourned in order to enable the Court to be assisted by the learned State Counsel as to the nature of the guidelines that are followed by the Board for the purpose of passing such orders.
(3.) AFFIDAVITS have been exchanged between the parties and the stand taken by the Board is that in view of the provisions of Part-ll Chapter-VI-B of the Regulations framed under the U.P. Intermediate Education Act, 1921, the Board has the power to impose restrictions and prohibitions in the shape of punishments, and accordingly the said power has been exercised in view of the established charge against the petitioner - institution. . Sri R.P. Tiwari learned Standing Counsel has invited the attention of the Court to Regulation -2 of the aforesaid chapter to contend that the power vests in the Committee for Disposal of Cases for Unfair Means with a final decision to be taken by the Board itself. He submits that the proposal tabled for debarring the institution for three years was modified by the Committee to five years. A copy of the said proposal and decision have been filed as Annexure-1 to the rejoinder affidavit. The proposal appears to have been prepared on the basis of the Enquiry Officer report in the shape of an agenda which was discussed by the Committee comprising of three persons that modified the said proposal of three years to five years. This appears to have been finally approved by the Board.;