- (1.) BOTH the writ petitions involving common question, at joint request, were heard together and are being decided by present order.
(2.) IN order to appreciate grievance of petitioners, it will be necessary to glance through relevant facts. Petitioners are regular students of Senior Secondary (Science). The petitioners (Nikita, Raju Sankhla & Ravi Sabal-CW-12461/2011; and Kailash Chand Chawla, Kailash Chandra Saini & Dipendra Saini-CWP-10530/2011) while pursuing their studies respectively in Panabai Ramnath Poddar Senior Secondary School, and Shri Nawalgarh Senior Secondary School, Nawalgarh (Jhunjhunu), appeared in practical examination of Physics/Chemistry papers held on 12/02/2011; but as alleged, the Flying Squad constituted by respondent-Board came to the examination hall and found the petitioners indulging in using unfair means and as alleged, it was reported by Flying squad team that some copies were found near the tables where petitioners were writing their practical examination; however, immediately on search report being submitted by members of Flying Squad, their practical examinations were cancelled and respondent Board vide its letters dt.21/03/2011 & 17/03/2011 directed the respondent-institution for conducting practical examination of Physics/Chemistry afresh on 25/04/2011 & 18/04/2011 and all the petitioners appeared in their practical examination besides main examination of Senior Secondary Science examination, 2011; however, they were shocked when they came across information that for alleged incident having taken place at the time of their practical examination of 12/02/2011, based on the report of Flying Squad team of the Board making allegations of petitioners being indulged in using unfair means, the Board took decision to cancel their examination, 2011 and further debarred them to appear in next examination, 2012 as is evident from minutes of the committee dt.24/05/2011 (Ann.R1/4). It is relevant to record that either of petitioners was not afforded opportunity of hearing; no explanation was ever called for; and for the first time, they came across only after declaration of their result of Senior Secondary School Examination, 2011 and when downloaded their mark sheet at respondents' website, their result disclosed that they have been debarred. What was the reason for which the Board took decision was never made known to the petitioners. However, after the reply was filed by respondent-Board, it came across of the information that on the basis of report of the members of flying squad, the committee took decision to cancel their examination; besides debarring them from appearing in next examination, 2012. At the same time, it is relevant to record that the report dt.26/04/2011 (Ann.R.1/3) prepared of alleged incident of practical examination held on 12/02/2011 was neither signed by Co-ordinator of Flying Squad, external examiner, School Principal, invigilator nor by concerned students. However, in practical examination of Physics subject held on 12/02/2011, as it reflects from the report, there were six students who were allegedly using unfair means and as regards students appeared in practical examination of Chemistry subject, it reflects from the report that there were four students who were allegedly indulged in using unfair means. Counsel for petitioners submits that there was no incriminating material available on record other than report singed by one member of Flying Squad, which too was not signed by either of Co-ordinator of flying squad, external examiner, principal of the school or invigilator or the concerned students; and as such a report itself looses its authenticity and placing reliance on such report by Committee of the respondent Board taking such a harsh decision regarding cancellation of entire examination & debarring them from appearing in next examination, 2012 and that too taken without affording opportunity of hearing and in disregard of the principles of natural justice and it was not the case of mass copying by which it can be pleaded that principles of natural justice are inapplicable. Taking aid of aforesaid circumstances, Counsel submits that impugned decision of respondent Board being wholly arbitrary and in violation of principles of natural justice deserves to be quashed & set aside.
(3.) COUNSEL further submits that on the report being signed by only one member of the flying squad about alleged incident of 12/02/2011, practical examinations of physics & chemistry subject were cancelled - pursuant to which respondent-Board issued letter directing the institutions to hold practical examinations afresh of respective subjects, in which all the petitioners appeared followed by written examination and the latter decision in such circumstances regarding cancellation was uncalled for. In reply to the writ petition, it has been averred that report submitted by a member of flying squad in regard to the practical examination held on 12/02/2011 reflecting unfair means being used by all the petitioners was looked into by the committee constituted by the Board which took decision in its meeting held on 24/05/2011 for cancellation of the examination and debarring them from next examination, 2012. However, it is not the case of respondents that it was a case of mass copying, and holding of inquiry or affording of opportunity of hearing to the petitioners was inapplicable in the facts of the instant case. It is an admitted case before the Court that no opportunity of hearing was afforded to either of the petitioners before taking impugned decision by the respondent-Board regarding cancellation of their whole Examination-2011 & debarring them from appearing in next examination, 2012, based on the report signed by one member of the Flying squad in regard to alleged incident of unfair means being used by petitioners in practical examination of physics & chemistry subjects held on 12/02/2011 and that apart, alleged report (supra) was not signed by Co-ordinator of flying squad, external examiner, School Principal, invigilator & the students concerned. Moreover unilateral decision was taken by the Committee in its meeting held on 24/05/2011 pursuant to which the Board took a decision regarding cancellation of practical examinations in which the petitioners appeared on 12/02/2011 & Sr.Secondary School Examination, 2011, and further debarring them from appearing in next Examination, 2012 as is evident from minutes dt.24/05/2011 (Ann.R.1/4) which was in violation of principles of natural justice. ;