M.S. Liberhan, J. - (1.) Before turning to the precise question involved in terms of the Haryana Board Examinations Regulations on punishment for use of unfairmeans hereinafter referred to as 'Regulations, I must state the facts as emerged from orders which were brought out from the pleadings, records and annexures by this Court.
(2.) The facts already considered are:- 573 students both boys and girls took 10+2 examination at Champa Devi Government Senior Secondary School, Ateli, on October 21, 1992 in English paper. The scenario at the examination centre can be described in the following words: The examination commenced at about 1.45 P.M. Half an hour later there was stoning by a crowd of about 500/1000 people collected out side the examination centre. It resulted in a melee. The Police force present there or summoned resorted to firing. Chaos were created by the stone throwing and firing. In order to protect themselves the supervisory staff locked themselves in a room while the students ran helter skelter. The girls as well as the boys left the Centre without handing over the answer sheets. Not a single answer sheet was collected by the supervisory staff. The Centre was closed at 3.30 P.M. I may hasten to add that in one of the reports i.e. made by the Deputy Superintendent Centre Ateli (II), it was reported that girls students were there at both the Centres upto the end with answer sheet with them yet the supervisory staff forgot to collect the answer sheets from them. It was further reported, "We could not think of collecting answer sheets from the students when police force came and boys went away. We came out side".
(3.) In the course of arguments before me, it was contended that the whole incident was initiated by the examinees from inside the Centre by raising hue and cry. It was this hue and cry, which was followed by stone throwing by the crowd collected out side. In spite of the argument raised, I may hasten to add that none of the reports relied upon by the learned counsel for the respondents, attached with the written statement as Annexure R1 and R2, make any reference to the above version put forth. Rather it was categorically reported that stone throwing started from out side and till then there was no trouble.;