- (1.) In this petition, under Article 226 of the Constitution of India and in the matter of the order dated 13-8-2009 by which the Secondary Examination, 2009 of the petitioners was cancelled by the respondents, an order came to be passed by the learned single Judge of this Court on 22-2-2010 that the case be placed before Hon'ble the Chief Justice for referring it to a Larger Bench. The said order was primarily passed when the counsel for the petitioners argued, by relying on the case of Indrajeet Singh Meena v. State of Rajasthan,2008 5 WLC(Raj) 537 that even in case of mass cheating/use of unfair means, a complete opportunity of hearing has to be given to the students whereas the learned counsel for the respondent Board of Secondary Education, Rajasthan had argued by referring the case of Mamta Kumari v. The Board of Secondary Education, Rajasthan, Ajmer,2010 4 WLC(Raj) 265 that in case of mass cheating/unfair means, the principles of natural justice are inapplicable and the learned single Judge was of the view that contradictory opinions have been expressed by two Co-ordinate Benches of this High Court. Hence, the matter has come before the Division Bench today.
(2.) The material facts relevant for deciding the 'issue raised before us, are that the petitioners are the students of Class 10th of Swami Kshvanand Sr. Upadhyay Sanskrit Vidhya Peeth, Mukundgarh Mandi, District Jhunjhunu. The respondent Board had conducted the Secondary Examination, 2009 from 23-3-2009 and all the petitioners had appeared in the said examination. They were allotted Examination Centre No. 15029, Swami Kshvanand Sr. Upadhyay Sanskrit Vidhya Peeth, Mukundgarh Mandi, District Jhunjhunu. The result of the above mentioned examination was declared by the respondent but the results of the petitioners were withheld. Thereafter, the respondents had sent letters on 10-7-2009 to the petitioners mentioning that they had used unfair means in the paper of Social Science (II) of the examination. They were asked to appear personally between 17-7-2009 to 24-7-2009, at 11.00 a.m. for hearing in respect of the said allegations. In furtherance of the letters, the petitioners appeared personally along with their parents/guardians before the respondent Board and had denied in writing the allegations levelled against them. Subsequently, the respondent Board issued an advertisement on 13-8-2009 whereby the results of the petitioners were cancelled.
(3.) According to the respondent Board, the petitioners had appeared from the examination centre at Swami Kshvanand Sr. Upadhyay Sanskrit Vidhya Peeth, Mukundgarh Mandi, District Jhunjhunu. During the assessment of the answer books in the examination of Social Science (II) paper, it was found that unfair means was used by the students at the said examination centre and therefore they made complaint/reports in this regard. The matter was then placed before the Result Committee on 23-6-2009 and the results of the students were withheld. The chart of sitting arrangement was also called from the examination centre. The students appeared from the above mentioned centre were then issued charge memos and were asked to submit their explanation regarding use of unfair means in the examination. The said explanation was to be submitted between 16-7-2009 to 20-7-2009. They were also informed that in case they did not admit the allegation, they may appear in the Board Office on the respective dates mentioned in the charge memos. Initially the result of all the students of the examination centre, totalling to 229, had been withheld and thereafter, charge-sheet was issued to 196 students. All the petitioners had submitted their explanations and also appeared in the Board Office. After detail inquiry, the respondent Board found that charges against 59 students were not proved beyond doubt and therefore they were given the benefit. Consequently, their results were declared.;