- (1.) The present writ petition has been filed under Article 226 of the Constitution of India, praying that a direction be issued to the Board of Secondary Education, Ajmer (hereinafater called 'Board')to declare result of petitioners for Secondary Examination, 2015.
(2.) It is averred in the writ petition that the petitioners completed their studies in Daya Nand Bal Vidhya Mandir, Secondary School, Outside Delhi Darwaja, Alwar (hereinafter called 'School'). The said school was recognized upto Secondary level of examination by the Board of Secondary Education, Ajmer. It is further averred that the petitioners had filled up online examination forms and had given entire fee to the respondent No.3 for onward transmission to the Board. It is contended that Mr. Daya Ram Sharma, President of Management Committee of the School retained examination fee with himself and had not remitted the same to the Board. It is contended that Mr. Daya Ram Sharma has committed misappropriation of the amount entrusted by the students for onward transmission to the Board.
(3.) The learned counsel for the petitioners contended that the very fact that school was recognized by Board was sufficient for them to place implicit faith in Daya Ram Sharma, who was acting as an agent of the Board. It is further contended if a recognized authority on behalf of the Board has retained examination fees, which was to be remitted to the Board, it was for the Board to take action against the defaulting school by de-recognizing such school and also by way of registration of a case for criminal misappropriation against the erring officer of the school, which is recognized by the Board.;