Andhra Pradesh High Court
Judges : BASI REDDI
Syed Mash-hood Ali - Appellant
Versus
Secretary, Board of Secondary Education Government Of A.P., Hyderabad - Respondent
Decided On : 11-21-60
NATURAL JUSTICE - MALPRACTICE IN EXAMINATION - PROCEDURE FOR ENQUIRY - REQUIREMENTS - CANCELLATION OF MARKS - WRIT OF MANDAMUS.
Fact of the Case:
The petitioners were students who appeared for the H.S.C. Public Examination and were accused of indulging in malpractices during the examination. The Commissioner for Government Examinations, Andhra Pradesh, ordered the cancellation of their marks in all subjects and debarred them from appearing for the examination for one year.
Finding of the Court:
The court held that the authorities had acted in good faith and to the best of their judgment in the interests of student discipline, but that the enquiries conducted against the petitioners were not in accordance with the requirements of natural justice. The petitioners were not given a reasonable opportunity of meeting the charges levelled against them, as they were not informed with sufficient particularity and preciseness what the charges were and what the allegations were on which the charges were based.
Issues: Whether the enquiries conducted by the authorities against the petitioners were in accordance with the requirements of natural justice.
Ratio Decidendi: The court held that the petitioners had not been given a reasonable opportunity of meeting the charges levelled against them, as they were not informed with sufficient particularity and preciseness what the charges were and what the allegations were on which the charges were based. The court relied on the principles of natural justice as set out in various cases, including General Council Of Medical Education and Registration of United Kingdom v. Spackman, Board of Education v. Rice, and Local Government Board V. Arlidge.
Final Decision: The court allowed the writ petitions to the extent that a writ of mandamus was issued to the Commissioner for Government Examinations Andhra Pradesh, Hyderabad to forbear from giving effect to the impugned order dated 1-7-1960 by which the marks of each of the petitioners were cancelled and he was debarred from appearing for H.S.C. Public Examination for one year. The court declined to grant the further relief sought by the 1st petitioner, which was a writ of mandamus directing the Secretary to the Board of Secondary Education to publish his result in the H.S.C. Public Examination held in March -April 1960.
( 1 ) THESE three writ petitions arise out of the action taken by the Commissioner for Government Examination, Andhra Pradesh, in cancelling the marks obtained by the petitioners in all the subjects at the H. S. C. Public Examination of March 1961. The action was taken on the ground that the three petitioners had indulged in malpractices during the said examination. These three writ petitions can be disposed of by a common judgment as the facts are similar and the question of law that arises is the same. In W. P. No. 523/60 the petitioner is Syed Mashhood Ali and his roll number at the examination was 9790; the petitioner in W. P. No. 527/60 is Alam Ali Khan and his roll number was 9820. The writ petitioners will be referred to hereinafter as the 1st, 2nd, and 3rd petitioner respectively.
( 2 ) THE order by which the punishment was awarded to the petitioner was made on 1-7-1960 and it was in the following terms: "sub : H. S. C. Public Examination March April 1960 - Alleged malpractice by certain candidates - Orders passed. As the candidates whose roll numbers are furnished hereunder had recourse to malpractice during the H. S. C. Examination March/april 1960, the Commissioner for Government Examinations. Andhra Pradesh, Hyderabad, has ordered that their marks in all the subjects at the Public Examination of March/april 1960 should be cancelled and that they should further be debarred from appearing for one year i. e. , two examinations October, 1960 and March 1961. The candidates may be informed accordingly. "the roll number of the three petitioners were among those appended to the above order.
( 3 ) IN these writ petitions the 1st petitioner seeks a writ of certiorari or any other writ to quash the above order and also a writ of mandamus directing the Secretary to the Board of Secondary Education, Government of Andhra Pradesh, to announce his result in the examination. The 2nd petitioner seeks a writ of certiorari or any other appropriate writ to quash the said order, while the 3rd petitioner seeks a writ of mandamus directing the Commissioner for Government Examinations and the Secretary to the Board of Secondary Education to forbear from giving effect to the said order.
( 4 ) THE facts culminating in the impugned order may be briefly stated : The three petitioners were students of the Government Multi-purpose High School, Chanchalguda. They appeared for the School, Chanchalguda. They appeared for the H. S. C. Public Examination held in March/april 1960 and took the examination at the All Saints High School Hyderabad which was one of the centers for the examination. At that centres , 800 candidates of nine different High Schools and also private candidates sat for the examination. The first petitioners name was registered for six compulsory subjects and one optional subjects and he took the examination in all the seven subjects. The examination was held from 31st March to 8/04/1960. The 1st petitioner was seated in Room No. 11 where 22 candidates were examined including the petitioner and the candidates with roll number 9791 was his immediate neighbour.
( 5 ) THE 2nd petitioner took the examination in six compulsory subjects and one optional subject. He was seated in Room No. 13 where 28 candidates were examined and three other candidates with roll number 9837, 9838 and 9841 were his immediate neighbours in the examination hall.
( 6 ) THE 3rd petitioner was seated in another room and his immediate neighbours were candidates bearing roll numbers 9818, 9819 and 9821 to 9825.
( 7 ) FOR the conduct of the examinations a number of invigilators and one Chief Superintendent were appointed. The examinees, however resorted to violence and malpractices on a large scale. Many candidates are said to have taken forbidden materials into the examination hall and the invigilators detected as many as seven such cases then and there. The situation at this centre during the conduct of the examination became uncontrollable, becaus
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