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2009 Supreme(Raj) 1259
[Citation : 2011(1) RLW 241 (Raj.)]
(Rajasthan High Court)
Jaipur Bench
Mamta Kumari & Ors. Vs. Board of Sec. Edu., Raj. (Rathore, J.)
HON'BLE RAGHUVENDRA S. RATHORE, J.
Mamta Kumari & Ors.
Versus
The Board of Sec. Education, Raj. & Anr.
S.B. Civil Writ Petition No.10286 of 2009, decided on 11.11.2009
Sanjay Mehla, for Petitioner(s);
Sajid Ali on behalf of Prahlad Singh, for Respondent(s)
Headnote:Rajasthan Public Examination (Prevention of Unfair Means) Act, 1992, Sec. 2(c) and 3 and Board of Secondary Examination Act, 1957 — Unfair mean — Prohibition of use of `unfair means' — Enormous use of unfair means by the students in the examination — Result of many of the students had been cancelled — Similar answers were found in the answer sheets of a large number of students in respect of the same question — Held — Issue was looked into on the complaint of the Examiner, by the Result Committee as well as the Enquiry Officer — Examination cancelled after hearing the explanation of the students.
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2. All the petitioners are regular students of 12th Class (Senior Secondary) of Indira Gandhi Balika Niketan Senior Secondary School, Ardawata, Tehsil Chirawa, District Jhunjhunu. The Senior Secondary Examination (Hum.), 2009 had commenced from 12.03.2009. The petitioners were allotted Center (No.15156) Indira Gandhi Balika Niketan Senior Secondary School, Ardawata. The result of Senior Secondary School Examination, 2009 was declared by respondents on 10.06.2009. But the result of the petitioners was withheld. Thereafter, the respondents had sent letters to petitioners on 6th and 7th July, 2009 mentioning that they have adopted unfair means in two papers of the examination namely, English (Compulsory) and History Second. The petitioners were asked to appear personally on 14.07.2009, at 11.00 am.
3. In pursuance of the said letters the petitioners, alongwith their parents/guardians, appeared before the respondents and filed their written explanations, wherein they denied the allegations levelled against them. Subsequently, on 24.07.2009, the respondents declared the remaining result of Senior Secondary Examination, 2009, which had been withheld on the earlier occasion. But so far as the petitioners are concerned, their result of Senior Secondary Examination, 2009 was cancelled.
4. The case of the petitioners is that the allegations levelled against them are all of different nature and only on the basis of presumption and doubt, it has been said that the petitioners have adopted unfair means. In fact, the respondents themselves are not sure and specific about the manner in which unfair means was used by the petitioners. Further, it is submitted that it is only on the basis of the report of the examiner that the respondents have not declared the result of the petitioners. The allegation against the petitioners of using unfair means is wholly vague and false. It is also submitted that the allegations about the answers of the petitioners being same as that of the other students of the center is baseless. The counsel for the petitioners has submitted that some of the students like Archana has a good academic record and the allegation, on the basis of the report of the examiner, levelled against her is totally false. Therefore, it is submitted that the action of the respondents in cancelling the result of the petitioners of Senior Secondary Examination, 2009 is illegal, arbitrary and not sustainable in law.
5. On the other hand, the respondent Board has contested the writ petition, by way of filing reply and has submitted that all the fifteen petitioners had appeared in Senior Secondary Examination, 2009 at Indira Gandhi Balika Niketan Senior Secondary School, Ardawata and the code of the Center was 3017. Further, it is stated that during the assessment of the answers books, the examiners of History Second and English (Compulsory) papers found that unfair means had been used by the students during the examination at the above center and as such report was given by them. The matter was then placed before the Result Committee on 29.05.2009 and the result of the petitioners was withheld. The respondent Board had called for the sitting arrangement of the students at the examination center. Later on the students who had appeared at the aforesaid center, including the petitioners, were issued memos of charge and asked to submit their explanations by 12th to 15th of July, 2009. They were also informed that in case they do not admit the allegations then they should appear before the Enquiry Officer, in the Board office, on the dates mentioned in the memos i.e. from 13th to 17th July, 2009. In all, 117 students were issued charge-sheet out of the total 149 who had appeared at the center and their result was earlier withheld.
6. All the petitioners submitted t
