Civil Writ Petition No. 5622 (O&M) of 2008 1 In the High Court of Punjab and Haryana, Chandigarh. Civil Writ Petition No. 5622 (O&M) of 2008 Date of Decision: 19.5.2008 Rajender Kumar …Petitioner Versus National Institute of Open Schooling and Another. …Respondents CORAM: HON'BLE MR. JUSTICE ASHUTOSH MOHUNTA HON’BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Ashwani Verma, Advocate for the petitioner. Mr. Harsh Aggarwal, Advocate for the respondents. Ashutosh Mohunta, J. (Oral) C.M. No. 10019 of 2008 Reply on behalf of respondents has been filed. The same is taken on record. Civil Misc. Application is disposed of. C.W.P. No. 5622 of 2008 The petitioner has prayed for quashing the order dated Civil Writ Petition No. 5622 (O&M) of 2008 2 28.1.2008 (Annexure P2) passed by respondent No.1 vide which examination of petitioner for Senior Secondary class, which was conducted in the month of October/November 2007 has been cancelled on the ground that the petitioner was involved in mass copying. The petitioner has also been debarred from appearing in the next Senior Secondary Examination held in April 2008. Learned counsel for the petitioner submits that the petitoner was issued a Show Cause Notice (Annexure P1) wherein he was asked to submit his reply on or before 11.1.2008. Learned counsel submits that the letter was posted on 7.1.2008 and the same was received by him on 14.1.2008 and hence he could not file his reply by 11.1.2008. Learned counsel further submits that when the petitioner went to the competent Authority to submit his reply, the same was not accepted. Learned counsel for the respondent has, however, disputed the averments made by the petitioner. He submits that the letter was posted on 4.1.2008 and there was ample time to the petitioner to file reply to Show Cause Notice (Annexure P1). We have heard learned counsel for the parties and we are of the considered opinion that as per the stamp of postal Authorities, the letter (Annexure P1) was posted on 7.4.2008. In this view of the matter, the petitioner did not have sufficient time to file reply to the Show Cause Notice (Annexure P1). Civil Writ Petition No. 5622 (O&M) of 2008 3 In view of the aforementioned facts, we quash the impugned order dated 28.1.2008 (Annexure P2) and direct the petitioner to file reply to Show Cause Notice (Annexure P1) within a period of ten days from today and the same shall be decided by the competent Authority within a period of two weeks thereafter. The writ petition is disposed off. (Ashutosh Mohunta) Judge (Kanwaljit Singh Ahluwalia) Judge May 19, 2008 “DK”