M.Y.EQBAL, J. - (1.) THE petitioner who is the Principal of Ranchi Zial School, has moved this Court on behalf of 82 students challenging the notification dated 17.2.2001 published in the Ranchi Express whereby information was given that 82 students were debarred from appearing in the Secondary Examination. 2001.
(2.) PETITIONERS case is that those 82 students filled up their examination forms and deposited examination fee and also submitted all the required documents and certificates. The respondent -Examination Board issued registration certificate to all those 82 students. Surprisingly two days before the examination was scheduled to be held, the impugned notification was published in the newspaper debarring those students from appearing in the examination. This Court considering the urgency of the matter, parsed interim order on 18.3.2001 directing the respondents to permit the students to appear in the examination. However, it was ordered that the result of these students shall not be declared without the permission of the Court.
(3.) A counter affidavit has been filed by the respondent -Jharkhand Secondary School Examination Board (shortly the Board). It is stated that the Minister, Human Resources Development Department, Jharkhand sent instruction to the Administrator of the Board that the number of private students appearing in the examination from S.K.A. High School, Hazaribagh, in comparison to the regular students, are very high and, as such, the matter be examined. The Administrator of the Board has also been getting confidential information that from several schools including Zila School, Ranchi, large number of students are being allowed to participate in the ensuing examination in an irregular manner. The Administrator constituted a committee under the Chairmanship of Additional Secretary of the Board consisting of District Education Officer and one Magistrate nominated by the Deputy Commissioner and directed to enquire into the matter. The Committee submitted its report wherein it was stated that many students were not found eligible for appearing in the examination. The respondents have also referred to relevant provisions of the Bihar School Examination Board Act, 1952 in the Counter affidavit. They have also referred the regulations made thereunder and stated that me authority of the Board has power to debar any student from appearing in the examination.;