GOPAL KRISHAN VYAS, J. - (1.) INSTANT writ petition has been filed by 79 teenager students of Class X of Sandhya Shiksha Sadan Secondary School, Guljar Nagar and Varun Vidhya Niketan, Sector D Kirti Nagar, Magra Punjla, Jodhpur through natural guardian of petitioner No.1 Shri Bhera Ram Asdev, in which, it is prayed by the petitioners that final result of the petitioners of Class X of the session 2010 - 2011 vide Annex.-10 dated 08.08.2011, which is declared against the petitioners may be quashed with further order to declare the result of the petitioners for the Secondary Examination, 2010-2011.
(2.) THE petitioners are minors and they all were students of Class X in their respective school during the academic session 2010 - 2011. After passing 8th and 9th standard while working hard the petitioners appeared in the Secondary Examination 2011 conducted by the Board of Secondary Examination, Rajasthan, Ajmer. THEy appeared in the examination at the Examination Center Sant Ravidas Government Girls Middle School, Bhadwasiya, Jodhpur (Center Code 17029) in all the papers of the Secondary examination with full preparation. After completion of the examination they were waiting for their result and result of the Secondary Examination was declared on 19.06.2011 but surprisingly the petitioners came to know that their result has been withheld but no reason was given by the respondent Board. Being aggrieved by the Arbitrary action of the respondents, they submitted detailed representation through their parents for declaring their result but, all of sudden, the respondent Board issued letters to the petitioners on 12.07.2011 by which the petitioners were asked to submit reply upon allegation levelled in the letter with regard to use of unfair means in the question paper of subject Science - I. THE petitioners were called upon to file their reply and date was fixed for hearing in between 18.07.2011 to 26.07.2011. It was very difficult for the petitioners to approach the respondent Board within short time but the petitioners approached the respondents in difficult manner. In the notice, no specific allegation was levelled, therefore, no proper inquiry was made from the petitioners by the Board authorities. However, reply filed by the petitioners was taken. In the so called letter inquiry was initiated only on the basis of the report given by the examiner to whom the answer-sheets of the petitioners were given for evaluation of the subject Science-I paper. As per the examiner the students used unfair means in the said paper. The respondent Board issued letter on 08.08.2011 whereby the result of the petitioners was cancelled without assigning any reason vide Annex.-10.
(3.) AFTER receiving the letter dated 08.08.2011, the petitioners and their parents were shocked and filed another detailed representation for taking information about the grounds upon which action was taken by the respondents but no reply was received by the petitioners. The petitioners filed an application under the Right to Information Act for seeking information vide Annex.-12 but no reply is given to the petitioners by the respondent Board till today. Being aggrieved and dissatisfied by the order impugned for cancellation of petitioners' examination of Secondary Examination 2011, the petitioners preferred this writ petition before this Court and submit that the order dated 08.08.2011 passed by the Board of Secondary Examination Ajmer may be quashed and set aside because it is totally unconstitutional and against the principles of natural justice. Learned counsel for the petitioners submits that cancellation of the petitioners' examination is in violation of Articles 14 and 21 and right to education granted by the Constitution of India because no incident took place at the Center where the petitioners appeared in the examination and no complaint was sent by the Center In-charge to the Board. Further, upon inspection made by the squad no incident was reported but only upon the basis of opinion expressed by the examiner of the answer-sheets of the subject Science-I, the respondent Board initiated the proceedings for indulging in mass-copying against the petitioners which is totally unfounded and maligning action of the respondents.;