Rakesh Tiwari, J. - (1.) The petitioner Institution B.B.B. Inter College, Mandanpur (Baghala), Shankcrgarh, Allahabad was made self center for the High School and Intermediate Examination, 2006. On 23.3.2006, during the examination the Flying Escort led by District Inspector of Schools II, Allahabad headed by the Joint Director reached the college and found some students using unfair means. The petitioner claims that he came to know from Hindi Daily Amar Ujala and Dainik Jagran newspapers regarding the cancellation of the examination dated 23.3.2006 of the first meeting of the Institution. The examination was cancelled and scheduled to be again held on 10.4.2006 for High School Science IIIrd paper and 12.4.2006 for Intermediate History 1st paper.
(2.) The petitioner has come up in this writ petition for quashing of the order of the cancellation of the respondents by which examination of the Institution conducted on 23.3.2006 of Science IIIrd paper of High School and History 1st paper of Intermediate was cancelled. It is further prayed that a writ in the nature of mandamus be issued directing the respondents not to hold the re-examination on 10,4.2006 and 12.4.2006. The bone of contention by the counsel for the petitioner is that since the flying escort has inspected each room and has caught only two students of High School and six students of Intermediate and has also taken action with full cooperation of the Center Superintendent, as such the whole center should not be cancelled for fault of eight students. He has also relied upon the Booklet containing guidelines meant for Center Incharge for examinations conducted by Madhyamik Shiksha Parishad, U.P. Allahabad. Relying upon clause 50, he has urged that material used in examination for copying by the students i.e. for unfair means, means any material hand written or printed kept by the students in the classroom except pen, pencil, drawing or Geometry Box. He has vehemently urged that any hand written or printed material found outside the classroom cannot be taken as a material used for the unfair means in the
(3.) I have heard the counsel for the petitioner at length and have perused the records. It is apparent that not only flying escort had inspected the petitioner center but videography was also conducted. Once the Board has come to the conclusion that students were indulged in mass copying and had used unfair means in the examination, it is its moral and ethical duty to change the center. The examinations not only have to be held in the transparent and fair manner but also sew to have been conducted in fair and transparent manner.;