ivil Appeals Nos
945 47 of 1991
From the Judgment and Order dated 881990 of the Punjab  Haryana High Court in LPA Nos
266 267 and 268 of 1986
PP Rao J Lal Ms Yasmin Tarapore SK Bagga and CM Nayar for the Appellants
GL Singhi JK Sibal and Ms Kamini Jaiswal for the Respondents
The Judgment of the Court was deliverd by FATHIMA BEEVI J
Special leave granted
These Civil Appeals arise from the common judgment dated 881990 of the High Court of Punjab and Haryana dismissing Letters Patent Apeals against the judgment dated 1221986 of the single Judge allowing writ petitions filed under Articles 226 and 227 of the Constitution of India
Civil Appeals arising out of SLP C Nos
14471 73 of 1990 are filed by the State of Punjab and Civil Appeals arising out of SLP C Nos
14236 38 of 1990 are filed by Ram Saran and OP Singhla the respondents in the writ petitions
We shall hereinafter refer the contesting respondents Ram Saran and OP Singhla as the appellants  and writ petitioners as the petitioners  for the sake of convenience
In the Punjab Excise  Taxation Department there were two separate and distinct cadres known as Assistant Excise and Taxation 733 Officers governed under the Punjab Excise and Taxation Department State Service Class III A Rules 1956 hereinafter referred to as Class IIIA Rules  and the Excise and Taxation Officers governed by the Punjab Excise and Taxation Department State Service Class II Rules
Under the Class II Rules appointment to the cadre of Excise and Taxation Officers was made a by direct recruitment to the extent of 50 and b by promotion from amongst Assistant Excise and Taxation Officers to the extent of 50
Under Class III A Rules subordinate staff was eligible for promotion to the extent of 50 of the vacancies of Assistant Excise and Taxation Officers and their shares were as under i Taxation Inspector 25 ii Excise Inspector 12 12 iii Ministerial Staff Head Office 6 14 iv Ministerial Staff Sub Office 6 14 The appellants as well as the writ petitioners joined the ministerial cadre of the Excise and Taxation Department as Clerks and were confirmed as such
The writ petitioners were promoted to the higher post and later appointed as ExciseTaxation Inspectors in 1971 72 by transfers under Rule 7aii of the Punjab Excise Subordinate Service Rules 1943
On such transfer as ExciseTaxation Inspectors the lien of the writ petitioners was suspended in accordance with the provisions of Rule 314b of the Punjab Civil Services Rules Volume I Part I
The appellants continued in the ministerial cadre Ram Saran as Assistant and OP Singhla as Superintendent
The Excise and Taxation Department was reorganised on 18th May 1977
The cadre of Assistant Excise and Taxation Officers was abolished on 18th May 1977 and the Assistant Excise and Taxation Officers were redesignated as Excise and Taxation Officers
Thereafter Class III A Rules became redundant and inoperative and under Class II Rules became redundant and inoperative and under Class II Rules there was no provision for promotion from subordinate staff direct as Excise and Taxation Officers
The Government in order to provide avenues of promotion to the subordinate staff decided to make suitable amendment to the Class II Rules on the following terms Rule 5
The members of the service shall be recruited in 734 the following manner namely a xxx xxx xxx b
In the case of an Excise and Taxation Officer i by promotion from amongst the Taxation Inspectors and Excise Inspectors who have an experience of working as such for a minimum period of five years or ii by promotion from amongst the Superintendents Assistant Accountants and Senior Scale Stenographers working in the Excise and Taxation Commissioners Head Office and in the Divisional and District Offices of the Department of Excise and Taxation Punjab It was further provided that there will be certain quota for each of the above categories for promotion to the rank of Excise and Taxation Officers
The State Government decided to adopt and apply the draft provision of Rule 5 in the matter of filling up of the vacancies in the carde of ExciseTaxation Officers before rules could be formally promulgated
Thus on 2281983 Ram Saran and OP Singhla were promoted as ExciseTaxation Officers
The writ petitioners having been transferred to the other cadres of ExciseTaxation Inspectors have continued there for 1415 years beyond and period of probation and also qualified the departmental test for Inspectors and they were not considered for the promotion as Excise and Taxtion Officers
The writ petitions were therefore filed challenging the promotion of the appellant mainly on the ground that on the basis of their seniority and lien on the post in the ministerial cadre the writ petitioners had a right to be considered for promotion to the post of Excise and Taxation Officers prior to the appellants
The contention of the appellants as well as the State was that though the lien of the writ petitioners in the ministerial cadre was suspended in terms of Rule 314b of the Punjab Civil Service Rules if the petitioners wanted that they should be considered for the post of Excise and Taxation Officers on the basis of their lien in the ministerial cadre they may seek reversion and thereafter their case would be considered on merits and under rules
It was clarified by the Financial Commissioner in the order dated 781985 that the case of the writ petitioners would be considered in the light of the eligibility under the 735 relevant rule that is to say the amended Rule 5
The eligibility prescribed under the said rule for promotion from amongst Superintendents etc
in the ministerial service includes experience of working as such for a period of five years
The writ petitioners felt that if the service rendered by them as Excise and Taxation Inspectors was not being considered as service rendered in the ministerial cadre they would be ineligible for consideration to the post of Excise and Taxation Officers
The learned single Judge accepted the contention of the writ petitioners that there was no conscious decision to apply the draft rules and consequently for the post of Excise and Taxation Officer the writ petitioners are entitled to be considered without any bar of eligibility as their juniors had already been considered for the post
On appeal the Division Bench proceeded on the assumption that the draft rules though not promulgated were rightly implemented
The Division Bench dealt with the question whether the service rendered on transfer to the ex cadre would be available to the writ petitioners in the matter of their promotion to the higher posts thus In view of this question that calls for determination is as to whether on the return of the writ petitioners from the post of Excise and Taxation Inspectors to the Ministerial cadre the service rendered by them on the post of Excise and Taxation Inspector could by deeming fiction be considered as having been rendered in the Ministerial cadre The answer to this question is that such a service is to be counted as if the petitioners were always in the Ministerial cadre
Once it is held that the petitioner lien was only suspended under Rule 314b of the Punjab Civil Service Rules the petitioners had a right to come back to their posts in the Ministerial cadre and once that is so the rest would follow as if for all times deemingly they were in the Ministerial cadre
 The Division Bench relied on the decision of this Court in State of Mysore  Anr
vs PN Nanjundiah  Anr  and opined that the entire service rendered by the petitioners as Excise and Taxation Inspectors will be considered in the Ministerial cadre and if that is counted the petitioners would be eligible for promotion under the relevant rules
It rejected the contention that the petitioners could not be said to be retaining a lien in the Ministerial cadre as they had successfully completed the period of probation as Excise and Taxation 736 Inspectors and they will be deemed to be confirmed there
The Division Bench endorsed the view that the revival of the lien essentially means that it stands revived with effect from the date it had been suspended and dismissed the appeals observing  we may observe that the petitioners shall now be considered forthwith for the posts of ETOs from the date their juniors were promoted and if found suitable they will be promoted to that rank from the dates their juniors were promoted and they would be entitled to all the consequential benefits arising out of their promotion from the said date
 Shri PP Rao the Senior Counsel for the appellants and Shri GL Sanghi the Senior Counsel for the respondents writ petitioners conceded that both parties claim promotion to the post of Excise and Taxation Officers only by virtue of the provision in the amended Rule 5 of Class II Rules and therefore the question whether there had been conscious application of the said rule before promulgation is only academic
We agree with the view of the High Court that for the purpose of present controversy we have to assume that the amended Rules were rightly implemented before they were formally promulgated in effecting the promotions now challenged
The appellants maintain that the Division Bench as clearly wrong and that the petitioners in order to claim the benefit of promotion from the ministerial cadre under the amended Rules have necessarily to satisfy the eligibility test
To be more specific they should have actual experience of five years in the ministerial cadre even when they are reverted back to that cadre
We have said that the petitioners were appointed as Inspectors by transfer under Rule 7 of the Punjab Excise Subordinate Service Rules 1943 and thereafter they belonged to a different cadre
Their lien had also been suspended after three years
The Punjab Civil Services Rules Volume I Part I Rule 314 reads 314
a A competent authority shall suspend the lien of a Government employee on a permanent post which he holds substantively if he is appointed in a substantive capacity 737 1 to a tenure post or 2 to a permanent post outside the cadre on which he is borne or 3 provisionally to a post on which another Government employee would hold a lien had his lien not been suspended under this rule
b A competent authority may at its option suspend the lien of a Government employee on a permanent post which he holds substantively if he is deputed out of India or transferred to foreign service or in circumstances not covered by clause a of this rule is transferred whether in a substantive or officiating capacity to a post in another cadre and if in any of these cases there is reason to believe that he will remain absent from the post on which he holds a lien for a period of not less that three years
c xxx xxx xxx d If a Government employee s lien on a post is suspended under clause a or b of this rule the post may be filled substantively and the Government employees appointed to hold it substantively shall acquire a lien on it Provided that the arrangements shall be reversed as soon as the suspended lien revives
Note 1
xxx xxx xxx Note
When a post is filled substantively under this clause the appointment will be termed a provisional appointment the Government employee appointed will hold a provisional lien on the post and that lien will be liable to suspension under clause a but not under clause b of this rule
e xxx xxx xxx f A Government employee s lien which has been suspended under clause b of this rule shall revive as soon as he ceased to be on deputation out of India or on foreign service or to hold a post in another cadre   738 According to the appellants the respondents having been transferred to the cadre of Excise and Taxation Inspectors and having continued there for 1415 years beyond the period of probation their lien over ministerial post was suspended
The consideration of their names for the purpose of promotion as Excise and Taxation Officers from the ministerial post did not arise
The amended Rule introduced eligibility that would exclude the service rendered by the petitioners in other posts and if such service is excluded the petitioners would be ineligible
The lien of the petitioners had been suspended by the competent authority under the mandatory provisions of Rule 314b referred to
They could seek reversion to their parent ministerial cadre and claim consideration for promotion to the post of Excise and Taxation Officers according to their eligibility and suitability
The next below rule does not apply to the case of promotion to the higher posts in other cadres under specific rules governing promotions to those cadres
The recruitment to the post of Excise and Taxation Officer is governed by Punjab Excise and Taxation Department State Service Class II Rules 1956
The eligibility of Taxation Inspectors and Excise Inspectors and members of ministerial establishment for the post is governed by the amended Rule 5
According to the proposed Rule 5bii promotion to the post of Excise and Taxation Officer is to be made from amongst the Superintendents Assistants Accountants and Senior Scale Stenographers working in the Excise and Taxation Commissioners Head Office and in the District and Divisional Offices
In view of this provision the Taxation Inspectors and Excise Inspectors whose lien against their posts in the ministerial cadres has been suspended and who are not working on the eligible ministerial establishment posts and who have been working as Taxation Inspectors and Excise Inspectors for a long number of year cannot claim that they are to be considered automatically for recruitment to the post of Excise and Taxation Officer
The normal line of promotion within the cadre for the members of the ministerial establishment was from the lowest post of a Clerk to the highest post of a Superintendent
So also the further channel of promotion was open to the Inspectors to the post of Excise and Taxation Officer
If the Inspectors are to be considered for the post of Excise and Taxation Officer from the quota of the ministerial establishment that will result in the Inspectors getting two avenues for promotion while the ministerial staff losing even the one which had been provided
The appointment to the ex cadre posts of Excise and Taxation Inspector is made by transfer in accordance with the provisions of Rule 739 7 of Subordinate Service Rules 1943 which provide that appointment to the cadre post shall be made by transfer or deputation of an official already in Government service
It implies that any Government employee irrespective of his office can be appointed as Excise or Taxation Inspector
The Excise and Taxation Inspectors  cadre is distinctly different from the ministerial cadre having duties or functions altogether different in nature and content
Instead of waiting for their turn to be promoted from the Inspectors quota the petitioners have laid the claim to the quota in the ministerial service
The appellants are also persons who have been confirmed in the ministerial cadre and have worked for more than 20 years as such
The result would be that there would be no promotions to the post of Excise and Taxation Officer from the ministerial staff as such and those who got transferred as Inspectors would be getting double benefit by claiming promotion to the post of Excise and Taxation Officer as members of the ministerial staff while retaining their right to claim promotion from within the quota specifically provided for the Inspectors
The petitioners with suspended lien on the post of Clerk and continuously holding the Inspector s post for over 13 years cannot be considered to be at par with officials continuously working on the ministerial post for over 21 year
From the scheme of the Rules and the method of recruitment it is clear that the petitioners while working as Inspectors on appointment by transfer to that cadre had the advantage of being considered for promotion as Officers under the amended Rule 5 out of the quota for Inspectors while the ministerial staff to the exclusion of the Inspectors were entitled to certain percentage
The petitioners without being on the ministerial cadre even by reversion could not claim promotion as a member of the ministerial cadre without revival of the lien
Such revival could be effected only on reversion and not while the lien remained suspended
When the rule requires members of the ministerial staff to have experience as such for five years to satisfy the elibility requirement the Inspectors cannot claim that service in the different cadre with their lien suspended be equated to service in the ministerial cadre and treated as experience in the ministerial cadre even if the functions and duties of the Inspectors may be of identical nature
The purpose of the rule is to provide promotional avenues to different categories within specified limits
The benefit intended for one category cannot be extended to another category by stretching the rules particularly when no injustice would result
The argument that the petitioners if found ineligible would remain in the lower cadre while their juniors are being promoted to the higher cadre 740 cannot be coutenanced
Even when the juniors continued in the lower ministerial cadre for long years the petitioners were in a different cadre which had a larger promotional avenue and they are satisfied in that post
If the petitioners did not exercise their option to revert back to the ministerial cadre at the right time to qualify themselves for further promotion the appellants cannot be deprived of the benefit they derived by continuing in the lower cadre on account of that situation
The High Court was clearly wrong in holding that the petitioners have acquired eligibility by rendering service in the cadre of Inspectors since their lien had been suspended
The decision in State of Mysore s case supra is distinguishable on facts
Rule 53bi of the Mysore Service Rules considered in that case provided that service in another post whether in a substantive or officiating capacity shall count for increments in the time scale applicable to the post on which the Government servant holds a lien or as well as in the time scale applicable to the post if any on which he would hold a lien had his lien not been suspended
The Court noticed that the service of an officer on deputation to another department is treated as equivalent to the service in the parent department under the rule
On account of that equation between the service in the two departments it was held that the service on deputation should be deemed to be rendered in the parent department
The ratio of the decision is therefore not applicable in the present case
In C Narasinga Rao  Ors
vs State of Andhra Pradesh by its Secretary Vol
2 1968 SLR644 Rule 9 of the Andhra Pradesh State and Subordinate Service Rules provided that service rendered in the transferred department should be deemed to have been rendered in the parent department for promotion and seniority
And when the rule is thus specific it was held that the petitioners  service in the police department should be deemed to have been rendered in the parent department entitling them to promotion
If the Government employee was on deputation or holding a post in another cadre the lien shall revive as soon as he ceased to hold the post in another cadre
There is no revival of the lien during the period the employee continues to hold a post in another cadre
Therefore during the period the suspension is operative the employee cannot claim that he had been continuing in the post in the parent cadre and gaining experience
When the rule is clear and specific that for the purpose of promotion from the cadre of Superintendents Assistants Accountants Senior Scale Stenographers to the post of Excise and 741 Taxation Officers the eligibility qualification is experience of working as such  for five years  the employee is not entitled to claim the experience in the ex cadre as experience of working in the ministerial cadre
In the light of what has been stated above we are unable to uphold the decision of the High Court
The writ petitions are liable to be dismissed
Accordingly we allow the appeals
RNJ Appeals allowed


Summary:
The appellant Board conducted secondary examinations in the month of March 1990
During recounting of the marks obtained by the candidates it was found that moderators mark sheets relating to 283 examinees which included the 53 respondents had been tampered with
The declaration of their results was withheld pending enquiry
Several writ petitions were filed against non declaration of the results and the High Court directed the appellant to the expeditious action to declare the results
The Board appointed seven enquiry officers to conduct the enquiry
Show cause notices were issued to the students informing them of the nature of tampering the subjects in which the marks were found tampered with the marks initially obtained and the marks increased due to tampering and also indicated the proposed punishment if in the enquiry it would be found that marks were tampered with the knowledge or connivance or at the instance of the candidates or parents or guardians
They were also informed that they would be at liberty to inspect the documents at the Divisional Board at Bombay they were entitled to adduce documentary and oral evidence at the hearing they would also be permitted to cross examine the witnesses of the Board if any they would not be entitled to appear through an advocate and the parents or guardians would be permitted to accompany the students at the time of enquiry but they would not be entitled to take part in the enquiry
All the candidates admitted that the marks initially awarded by 773 the examiners had been tampered with in the moderators mark sheets and due to tampering the marks were increased and the increase was to their advantage
However they denied that either they or their parents or guardians were privy to the tampering
The Enquiry Officers submitted their reports holding that the moderators mark sheets had been fabricated and submitted the reports to the Board
The Standing Committee constituted in this regard considered the records and the reports and resolved to withhold as a measure of punishment the declaration of the results of their examinations and to debar the students to appear in the supplementary examination
The notification to that effect was published on 3181990 and the report submitted to the High Court
The High Court allowed the writ petitions
One Hon ble Judge held that the Standing Committee was devoid of power and because it did not obtain the approval of the Divisional Board the impugned notification was without authority of law
On merits the learned Judge held that the Standing Committee did not apply its mind in the proper perspective to the material facts and therefore the finding that tampering was done at the instance of the examineesparentsguardians was perverse
The other Hon ble Judge held that the examinees were not guilty of the mal practices and their guilt had not been established
Before this Court it was contended on behalf of the respondents that the Act empowered that Divisional Board to deal with the use of unfair means at the final examination and the Standing Committee was an alien body to the divisional Board the students were minors and neither the parents nor anybody like an advocate was permitted to assist the students answers to the questionnaire were extracted from the students to confess their guilt no adequate opportunity was given to the students at the enquiry the evidence without subjecting it to cross examination was of no value the Standing Committee did not apply its mind to the facts nor recorded reasons in support of its conclusion that the examineeparentsguardians were parties to the fabrication the Board should establish the guilt of the examinees beyond all reasonable doubts the standard of proof ought to be of a high degree akin to trial in a criminal case the test of benefit to an examinee was preposterous no evidence was placed on record nor was it proved and hence the findings of the Standing Committee were clearly based on no evidence the Enquiry Report contained only conclusions bereft of the statement of facts and reasons in support thereof and the order ought to have been a speaking order preceded by a fair enquiry and the report must 774 be based on cogent evidence
On behalf of the Board it was inter alia contended that all the examinees admitted in answers to the questionnaire that tampering was done and it was to their advantage and that in view of the admission the need to examine any person from the concerned section was obviated
Allowing the appeals upholding the notification subject to modifications this Court HELD 1 there is no manner of doubt that unfair means were used at the final Secondary Examination by fabricating the Moderators  mark sheet of the examinees in concerted manner admittedly to benefit the students
782C 2 The State Board is empowered to constitute the Divisional Boards and the Standing Committees
The State Board is also empowered to make regulations to conduct examinations and also to deal with the use of unfair means at the final examination conducted by the Board
The Divisional Board is empowered to conduct within its area the final examination on behalf of the State Board
The Divisional Board is also empowered to deal with the cases of unfair means according to the procedure laid down by the State Board
783F G 3 The Standing Committee is an executive arm of the Divisional Board for the efficient and expeditious functioning of the Board as adumberated under the Act itself
It is not a foreign body
When the Standing Education Committee takes the decision its decision is on behalf of the Divisional Board and the decision of the Divisional Board in turn is on behalf of the State Board
786E F 4 On a fair and harmonious reading of the relevant provisions of the Act and the Maharashtra Secondary and Higher Secondary Education Board Regulation 1977 the Examination Committee of the Divisional Board is itself a statutory body which acted on behalf of the Divisional Board and is not a delegate of the Divisional Board
786H State of UP vs Batuk Deo Pati Tripathi  Anr  Kargram Panchayat Samiti  Anr
vs State of West Bengal  Ors 1987 3 SCC 82 Baradakanta Misra vs High Court of Orissa  Anr and Tej Pal Singh dead through Lrs
vs State of UP  Anr  referred to
775 5 The Standing Committee is an integral part of the Divisional Board and its acts are for and no behalf of the Divisional Board
Accordingly the Board must be deemed to have passed the impugned notification as per the scheme of the provisions of the Act and the Regulations
Therefore the finding of the learned Judge that the Standing Committee had no power to take the impugned decision etc
without approval of the Divisional Board is clearly illegal and cannot be sustained
789B CF 6 While exercising the powers under Article 226 or Article 136 of the Constitution the High Court or this Court is not sitting as a Court of Appeal on the findings of facts recorded by the Standing Committee Domestic Enquiry Board nor have power to evaluate the evidence as an appellate Court and to come to its own conclusions
If the conclusions reached by the Board can be fairly supported by the evidence on record then the High Court or this Court has to uphold the decision though as appellate Court of facts it may be inclined to take a different view
789C 7 Fabrication cannot be done except to benefit the examinees
The fabricator had done it for reward in concert with outside agencies
Therefore the inference from these facts drawn by the Standing Committee that the examineesparentsguardians were responsible to fabricate the moderators  mark sheets is based on evidence
790G 8 It is not open to the High Court to evaluate the evidence to come to its own conclusions
Thereby the High Court has committed manifest error of law warranting interference by this Court
791A 9 The Writ Court would not interfere with an order of educational institution
Therefore what the writ Court needs to do is to find whether fair and reasonable opportunity has been given to the students in the given facts
792F DMK Public School vs Regional Joint Director of Hyderabad AIR 1986 AP 204 GBS Omkar vs Shri Venkateswara University AIR 1981 AP 163
10 Assistance of an Advocate to the delinquent at a domestic enquiry is not a part of the principles of natural justice
It depends on the nature of the inquiry and the peculiar circumstances and facts of a particular case792H 776 11 The regulations and the rules of enquiry specifically excluded the assistance of an advocate at the inquiry
Therefore the omission to provide the assistance of a counsel at the inquiry is not violative of the principles of natural justice
793A 12 The procedure adopted at the inquiry was fair and just and it was not vitiated by any procedural irregularity nor was violative of the principles of natural justice
The absence of opportunity to the parents or guardians in this background did not vitiate the legality or validity of the inquiry conducted or decision of the Committee
793G H 13 Unless the rule expressly or by necessary implications excluded recording of reasons it is implicit that the principles of natural justice or fair play does require recording of reasons as a part of fair procedure
In an administrative decision its orderdecision itself may not contain reasons
It may not be the requirement of the rules but at the least the record should disclose reasons
It may not be like a judgement
But the reasons may be precise
794F Union of India vs Mohan Lal Capoor  Ors  Gurdial Singh Fiji vs State of Punjab  Ors  and SN Mukherjee vs Union of India JT  referred to
14 The omnipresence and omniscience of the principle of natural justice acts as deterrence to arrive at arbitrary decision in flagrant infraction of fair play
But the applicability of the principles of natural justice is not a rule of thumb or a straight jacket formula as an abstract proposition of law
It depends on the facts of the case nature of the inquiry and the effect of the order decision on the rights of the person and attendant circumstances
795F 15 In the instant case since the facts are admitted the need to their reiteration was obviated and so only conclusions have been stated in the reports
The omission to record reasons is neither illegal nor is violative of the principles of natural justice
795H 796A Khardah Co Ltd vs Their Workmen   AK Roy etc
vs Union of India  Ors
1982 1 SCC 271 Pett vs Grehound Racing Association Ltd 1968 2 ALL Eng
Reports 545 Union of India vs HC Goel   Ms Bareilly Electricity Supply Co Ltd vs The Workmen  Ors   Shanti Prasad Jain vs The Director of Enforcement  Merla Ramanna vs Nallaparaju  Ors  777 Kashinath Dikshita vs Union of India  Ors 1986 3 SCC 229 Government Medical Store Depot Karnal vs State of Haryana  Anr
   Ms Kesoram Cotton Mills Ltd vs Gangadhar  Ors   State of Punjab vs Bhagat Ram  Gujarat Steel Tubesl Ltd vs Gujarat Steel Tubes Mazdoor Sabha   Union of India  Ors
vs Mohd Ramzan Khan JT  Vishwa Nath vs State of Jammu  Kashmir  Olga Tellis  Ors
vs Bombay Municipal Corporation etc   referred to
16 Court should be slow to interfere with the decisions of domestic tribunals appointed by the education bodies like universities
799F 17 In dealing with the validity of the impugned order passed by a University under Article 226 the High Court is not sitting in an appeal over the decision on this question
Its jurisdiction is limited and though it is true that if the impugned order is not supported by any evidence the High Court may be justified to quash the order but the conclusion that the impugned order is not supported by any evidence must be reached after considering the question as to whether the probabilities and circumstantial evidence do not justify the said conclusion
The enquiry held by domestic tribunals in such cases must no doubt be fair and the students must be given adequate opportunity to defend themselves and holding such enquiries the tribunal must follow the rules of natural justice
799F G Board of High School and Intermediate Education UP vs Sagleshar Persad  Ors and Bihar School Examination Board vs Subhas Chandra Sinha  Ors  referred to
18 The examination committee has jurisdiction to take decision in the matter of use of unfair means not only on direct evidence but also on probabilities and circumstantial evidence
There is no scope for importing the principles of criminal trial while considering the probative value of probabilities and circumstantial evidence
The Examination committed is not bound by technical rules of evidence and procedure as are applicable to Courts
801E F Seth Gulabchand vs Seth Kudilal  Ors 1966 3 SCR 623 Ghazanfer Rashid vs Board HS  I Edn
UP AIR 1970 Allahabad 209 Miller vs Minister of Pensions 1947 All
ELR 372 State of Uttar Pradesh vs Chet Ram  Ors  referred to
778 19 There is an unmistakable subjective element in the evaluation of the degree of probability and the quantum of proof
Forensic probability must in the last analysis rest on the robust common sense and ultimately on the trained institutions of the Judge
802D 20 Strict rules of the Evidence Act and the standard of proof envisaged therein do not apply to departmental proceedings of domestic tribunals
It is open to the authorities to receive and place on record all the necessary relevant cogent and acceptable material facts though not proved strictly in conformity with the Evidence Act the material must be germane and relevant to the facts in issue
In grave cases like forgery fraud conspiracy misappropriation etc
seldom direct evidence would be available
Only the circumstantial evidence would furnish the proof
Inference from the evidence and circumstances must be carefully distinguished from conjectures or speculation
805D E State of UP vs Krishna Gopal  Anr   Hanumant vs The State of Madhya Pradesh 1952 SCR 1091 Reg
vs Hodge  Bank of India vs JAH Chinoy AIR 1950 PC 90 Khwaja vs Secretary of State 1983 1 All ELR 765 HL Sodhi Transport Co  Anr
vs State of UP  Anr
etc 1986 1 SCR 939 Bhandari vs Advocates Committee 1956 AELR 742 PC Glynn vs Keale University  Anr
 In Re An Advocate   Shri Krishan vs The Kurukshetra University Kurukshetra AIR and Shivajirao Nilangekar Patil vs Dr Mahesh Madhav Gosavi  Ors  Vice Versa   referred to
21 The standard of proof is not beyond reasonable doubt but the preponderance of probabilities tending to draw and inference that the fact must be more probably
Standard of proof cannot be put in a straight jacket formula
No mathematical formula could be laid on degree of proof
The probative value could be gauged on facts and circumstances in a given case
The Standard of proof is the same both in civil cases and domestic enquiries
805H 806B 22 The conclusion reached by the Education Standing Committee that the fabrication was done at the instance of either the examinees or their parents or guardians is amply borne out from the record
The High Court over stepped its supervisory jurisdiction and trenched into the arena of appreciation of evidence to arrive its own conclusion on the specious plea of satisfying conscience of the Court 
806G