Rajendra Kumar Vs. Regional Office, Madhyamik Shiksha Parishad, U.P. Bareilly and Others - Court Judgment

Excerpt:

.....of school tribunal whether a school run by cantonment board is not a recognised school within the meaning of section 2(21)? - held, the act is enacted to regulate recruitments and conditions of employees in certain private schools and provisions of the act shall apply to all private schools in the state whether receiving any grant-in-aid from the state government or not. private school is defined in section 2(2) of the act as a recognised school established or administered by a management other than the government or a local authority. recognised means recognised by director, the divisional board or state board. thus as far as the first part of the definition of being recognised is concerned, it includes, as stated above, four directors, the divisional boards and four state boards. the second part of this definition which comes after the comma refers to any officer authorised by director or by any of such boards. the question to be examined is whether school run by the cantonment board could be said to be one run by any such boards. a private school has to be recognised by the state or the divisional board or by any officer authorised in that behalf. when this phrase..........has been cancelled on the ground of suspicion, namely, that since he did not do any rough work, therefore, the result has been cancelled. the mere fact that a candidates does not do rough work, is no ground for cancelling his result. it is usual that a candidate learns the answer by heart and then relates the same in the examination. no rule nor any other provision has been shown to us that in every case rough work must be done. the board has acted wholly without jurisdiction in cancelling the examination of the petitioner merely on the ground that no rough work has been done. it may be observed that this type of action by the board has resulted in lot of harassment not only to this petitioner but to other petitioners who have approached this court. we hope and trust that the board shall take care in future that the result of the candidates should not be cancelled merely on the ground that the rough work has not been done. 2. in view of the above, the petition isallowed, we quash the order passed by theboard cancelling the petitioner's intermediateexamination held in the year 1987. we furtherdirect that his result shall be declared within amonth from the date a certified copy.....

Judgment:

ORDER

1. The petitioner appeared in the Intermediate Examination of 1987 conducted by the Board of High School and Intermediate Education, Regional Office, Bareilly. He was allotted Roll No. 137715. He appeared in the said examination. He was not caught using unfair means, but his result has been cancelled on the ground of suspicion, namely, that since he did not do any rough work, therefore, the result has been cancelled. The mere fact that a candidates does not do rough work, is no ground for cancelling his result. It is usual that a candidate learns the answer by heart and then relates the same in the examination. No rule nor any other provision has been shown to us that in every case rough work must be done. The Board has acted wholly without jurisdiction in cancelling the examination of the petitioner merely on the ground that no rough work has been done. It may be observed that this type of action by the Board has resulted in lot of harassment not only to this petitioner but to other petitioners who have approached this Court. We hope and trust that the Board shall take care in future that the result of the candidates should not be cancelled merely on the ground that the rough work has not been done.

2. In view of the above, the petition isallowed, we quash the order passed by theBoard cancelling the petitioner's Intermediateexamination held in the year 1987. We furtherdirect that his result shall be declared within amonth from the date a certified copy of thisorder produced before the/Secretary, U.P.Board of High School and Intermediate Education Office Bareilly.

3. A certified copy of this order, may be given to the learned counsel for the petitioner on payment of usual charges within three days.

4. Petition allowed.