IN THE HIGH COURT OF ALLAHABAD
M. N. Shukla and K. M. Dayal, JJ.
HARISH CHANDRA TEWARI - Appellant
Versus
BOARD OF HIGH SCHOOL AND INTERMEDIATE EDUCATION, UTTAR PRADESH, ALLAHABAD - Respondents
Civil Misc. Writ Petn. 548 Of 1981
Decided On : 01/22/1981
WRIT PETITION - JOINDER OF PARTIES - SINGLE ORDER AFFECTING MULTIPLE PETITIONERS - COMPETENCY - EVIDENCE OF COPYING - STRIKING SIMILARITY IN ANSWERS - COMMON MISTAKES - ABSURDITIES - JUDICIAL REVIEW - SCOPE.
Fact of the Case:
Thirteen petitioners challenged the withholding of their results in the High School examination, alleging that the action was taken without sufficient evidence of copying. The respondent produced the answer books in court for scrutiny.
Finding of the Court:
The court held that a single writ petition was competent since the action taken against the petitioners was identical and embodied in a single order. The court also held that it could interfere with the impugned order only if there was a denial of natural justice, complete absence of evidence, or any other similar ground.
Issues: 1. Whether a single writ petition can be filed by multiple petitioners aggrieved by a single order? 2. Whether the court can interfere with the impugned order in the exercise of its writ jurisdiction? 3. Whether there was sufficient evidence to support the allegation of copying against the petitioners?
Ratio Decidendi: 1. Where the action taken against several petitioners is identical and is embodied in a single order, all of them can legitimately combine together and file a single writ petition. 2. The court can interfere with the impugned order in the exercise of its writ jurisdiction if there is a denial of natural justice, complete absence of evidence, or any other similar ground. 3. The court found that there was no evidence of copying in the answer books of ten petitioners and allowed their writ petitions. However, the court found evidence of copying in the answer books of the remaining three petitioners and dismissed their writ petitions.
Final Decision: The writ petition was partly allowed and partly dismissed. The court directed the respondent to declare the results of the ten petitioners who were found not to have copied. The writ petition of the remaining three petitioners was dismissed.
( 1 ) THIRTEEN petitioners have joined together and filed this writ petition challenging the action taken by the respondent and have prayed for a mandamus directing the respondent to announce the results of the petitioners. After the petition was presented the respondent was directed to produce in this Court the answer books of the petitioners for our perusal. Accordingly the answer books were produced in Court when the hearing commenced today. The learned Standing counsel raised a preliminary objection that the cases of the petitioners were different from each other, the adverse action taken against each of them furnished a distinct cause of action and hence a single petition on behalf of them was not competent. It is not disputed that they were all aggrieved by a single order which was in the shape of a composite order with a schedule, mentioning each one of them by name and indicating the action taken against them, namely, withholding of the result for the High School examination, held in 1980. Where the action taken against several petitioners is identical and is embodied in a single order, all of them can legitimately combine together and file a single writ petition. A hyper-technical view with regard to the joinder of parties for filing a writ petition in such circumstances has not been judicially approved. Therefore, we overrule the preliminary objection.
( 2 ) THE learned Standing Counsel requested us for time to file a counter affidavit. Since we have scrutinised the answer books of each of the petitioners ourselves when they were produced in court today, there appears to be no necessity of filing a counter affidavit in order to establish any factual allegations. The only controversy which arises is as to whether there was evidence in the case to support the allegation of copying by all the petitioners. Needless to say that it is not for this Court to enter into the question of sufficiency or otherwise of the evidence to support the charge levelled against the petitioners. Nevertheless, the petitioners would be entitled to relief if the action complained of offends against certain well-established canons. For instance, if there is denial of the principles of natural justice, or there is complete absence of evidence or any other similar ground, this Court can always interfere in the exercise of its writ jurisdiction and quash the impugned order. See 1979 All LJ 676: (AIR 1979 All 209) (FB) (Ghazanfar Rashid v. Board of High School and Intermediate Education ). It is this touchstone which has to be applied in coming to the conclusion as to whether these writ petitions should be allowed or dismissed. Since no useful purpose will be served by postponing the case to another date for hearing, we have considered it expedient to hear the parties finally today and dispose of the writ petition.
( 3 ) IT is a somewhat delicate task to determine as to whether in a particular case it can be said that there is complete lack of evidence or that the case involves any one of those features to which we have adverted above which alone would warrant interference by this Court. Except where there are material allegations of a factual nature about the surrounding circumstances, the ultimate decision in most of such cases is bound to turn on the intrinsic material contained in the answer books themselves. In the instant case, it is only from a meticulous perusal of the answer books produced before us that an inference can legitimately be drawn as to whether copying has been resorted to or not. The learned Standing Counsel laid great stress on the striking similarity which was evinced in the answers written by the various petitioners. He emphasised that it was remarkable that no variation at all could be discerned in the answers written out in the various answer books. In our opinion, this is too facile argument on which the conclusion whether there has been copying or not can be rightly founded. The question of novelty in t
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