G.S.AHLUWALIA,J. - (1.)This petition under Article 226 of the Constitution of India has been filed against the order dated 19/12/2019 passed by the Examination Controller, Madhyamik Shiksha Mandal, Madhya Pradesh, Bhopal, by which it has been directed that an FIR be registered for manipulation in the roll numbers of the students.
(2.)The necessary facts for disposal of the present petition in short, according to the petitioners, are that the petitioners are substantially holding the post of Varishtha Adhyapak. The petitioner no.1 was appointed as Head Valuer, whereas the petitioner no.2 was appointed as Deputy Head Valuer of Govt. Excellence Higher Secondary School Ashoknagar for High School Examination, 2019. The dispute relates to the answer-book of two students, namely, Ms. Rajni and Ms. Khusi Soni of Mathematics subject of the Examination Center, Pushpa High School Silvani, District Raisen. It is the case of the petitioners that according to the directions issued by Madhyamik Shiksha Mandal, Madhya Pradesh, Bhopal, the invigilator is required to collect the answer-sheets of the candidates and then he is required to submit to the Center Superintendent who is required to paste the slip on the roll numbers of the students and will accordingly make the bundle of the answer-sheets and then it is required to be forwarded to the Madhyamik Shiksha Mandal, Madhya Pradesh, Bhopal. Thereafter, the answer-sheets are sent for valuation to the valuer duly authorized for the different centers and accordingly, in the present matter the bundle of answer-sheets of the subject of Mathematics of the Examination Center Pushpa High School Silvani, District Raisen was forwarded to the Government Excellence Higher Secondary School, Ashoknagar where the petitioner no.1 was working as Head Valuer and petitioner no.2 was working as Deputy Head Valuer. The answer- sheets of roll no.196541314 and 196541321 were also sent for valuation. It is the claim of the petitioners that the slip over the roll numbers were already pasted and accordingly, the said copies were further transmitted by the petitioners for valuation to the concerning Valuers and thereafter, they opened the slip and fill up the OMR sheet, but did not inform the respondents about the manipulation made in the roll numbers and accordingly, the same were sent to the Madhyamik Shiksha Mandal, Madhya Pradesh, Bhopal. It appears that subsequently, Ms. Khushi Soni who was having roll no.196541321 made a complaint that her answer-sheet of Mathematics subject has been changed and, therefore, she has received less marks. Accordingly, an inspection was done and ultimately it was found that in place of digit 14, digit 21 was written and vice versa, therefore, the answer-sheet of two students were changed by manipulating the roll numbers and the marks which were required to be allotted to Ms. Khushi Soni were awarded to Ms. Rajni and vice versa. While deciding the complaint made by Ms. Khushi Soni the actual marks allotted to her were corrected. During enquiry it was found by the Board that the manipulation has been done and accordingly, a notice was also issued to the petitioners which was duly replied by them and they pleaded that there is no fault on their part.
(3.)It is submitted that without considering the reply submitted by the petitioners, now the impugned order dated 19/12/2019 has been issued by respondent no.1, by which the Divisional Officer of Madhyamik Shiksha Mandal, Madhya Pradesh, Bhopal has been directed to lodge the FIR against the petitioners. It is submitted by the counsel for the petitioners that in fact the petitioners are not guilty and they have no role to play in the manipulation and exchange of answer-sheets of Ms. Khushi Soni and Ms. Rajni and, therefore, the respondents are not correct in directing for registration of the FIR against the petitioners.