- 1 - IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R Himmat Singh & Others vs. Board of Secondary Education, Rajasthan, Ajmer. & Another. S.B.CIVIL WRIT PETITION NO.5814/2007 DATE OF ORDER : 20/2/2008 P R E S E N T HON'BLE JUSTICE SHRI GOPAL KRISHAN VYAS Mr.H.S.Sindhu,for the petitioners. Mr.B.L.Bhati, Deputy Government Counsel Mr.R.S.Gill, for the respondent. BY THE COURT: The teenager students of Bhartiya Vidhya Mandir Higher Secondary School, Pilibanga preferred this writ petition through their natural guardians and prayed for a direction to the respondent- Board of Secondary Education, Rajasthan, Ajmer to declare their result of Class 10th and issue mark sheets and further prayed for quashing Annex.5 dated 7/7/2007. The facts inter alia stated in the writ petition are that the petitioners got admission as regular students in 10th class in the respondent no.2 institution and pursued their studies. The examination forms for appearing as regular students were filled up - 2 - by them and the Board of Secondary Education, Ajmer also issued admission cards to them and in pursuance of the said admission cards they appeared in the examination of 10th class but their results were cancelled without assigning any reason. The petitioners filed representation for declaring their results but the respondent Board refused to declare their results. Learned counsel for the petitioners argued that respondent Board has illegally withheld the results of petitioners as there was no fault on the part of petitioners. It is submitted that upon an anonymous complaint against the school where petitioners were pursuing their studies, an inquiry was conducted by the District Education Officer (Secondary), Hanumangarh and in its report dated 19/6/2007 recommendation was made for taking action against the respondent no.2 institution but at the same time it was recommended that in the interest of students their results may be declared. It is argued by the learned counsel for the petitioners that similar type of complaint was made against Tagore Public Madhyamik Vidyalaya, Pilibanga that the institution has admitted students in the mid of session and no half yearly examination was conducted and marks were sent illegally and in the inquiry report similar recommendation was made for declaring the result of the said institution and as per recommendation results of students of Tagore - 3 - Public Madhyamik Vidyalaya, Pilibanga was declared but though the petitioners are similarly situated students, their results were withheld for no reason, therefore, action of respondents is totally discriminatory and violative of Article 14 of the Constitution of India. In reply, learned counsel for the respondents categorically stated that looking to the seriousness of the complaint received against the irregularities committed by the petitioners' institution, an inquiry was conducted through a committee consisting of Dy.Director (Secondary Education), Bikaner Zone, Churu, Principal, Government Senior Secondary School, Bhadico, Jhunjhunu and Incharge, Inquiry Section of Deputy Director (Secondary Education), Bikaner Zone and the said committee gave its report on 30/4/2007. So also, the Principal of Bhartiya Vidhya Mandir Higher Secondary School, Pilibanga sent a letter to the Deputy Director (Secondary Education) and apprised him about the lapses of his school in filling up the examination forms. Therefore, when illegality was brought to the notice of the respondent Board, after an inquiry looking to the seriousness of the case and to maintain academic standards, the decision for cancellation of results was taken and such decision cannot be interfered with by this Court while exercising powers under Article 226 of the Constitution. After hearing both the parties and perusing the entire record of - 4 - the case, it is true that an anonymous complaint was received with regard to irregularities against both the institutions namely Tagore Public Madhyamik Vidyalaya, Pilibanga and the institution Bhartiya Vidhya Mandir Higher Secondary School, Pilibanga from where the petitioners filled up their forms to appear in the secondary school examination. Admittedly, inquiry was conducted by the District Education Officer (Secondary), Hanumangarh, but as per the recommendation of the Inquiry Officer (Annex.6) result of students of Tagore Public Madhyamik Vidyalaya, Pilibanga was declared on the ground that at the time of inspection, for physical verification entire record was not placed, moreover it was destroyed, therefore, recommendation was accepted in the interest of students and result was declared, of course without including the marks of internal assessment. But in the case of Bhartiya Vidhya Mandir Higher Secondary School, Pilibanga where petitioners are studying, as per the record and the letter sent by the Principal himself it is admitted that some irregularities were committed with regard to admitting students in mid of the session, therefore, a decision was taken to withhold the result of secondary examination of petitioners. In my opinion, it is very strange that the institution-Tagore Public Madhyamik Vidyalaya, Pilibanga, who has not produced the relevant record before inquiry officer and destroyed the same, the recommendation to declare the result of students of said institution - 5 - was accepted by the Board and in the case Bhartiya Vidhya Mandir Higher Secondary School, Pilibanga, the institution where petitioners are pursuing their studies, who has placed the entire record before inquiry officer and inquiry officer made same recommendation for declaring the results of students of secondary class but the result of students have been withheld. In my opinion, not placing the entire record for inspection and destroying the same is more serious but while taking decision by the Board of Secondary Education, the results of the students of that institution was declared but arbitrarily withheld the result of petitioners because in the inquiry irregularities were found but in the interest of future of the students, recommendation was made to declare their results. In this case there is no allegation of using unfair means by the petitioners and result is to be assessed by the Board after evaluating the answer books. Further,if benefit of declaration of result has been granted to the similarly situated institution, who has not produced rather destroyed the record, then, in my opinion, same benefit is also required to be given to the petitioners because no fault can be attributed upon them in committing any irregularities. Therefore, the action of the respondent is violative of Article 14 of the Constitution because for the students of both the institutions, a recommendation was made by the inquiry officer to declare the results and in the case of Tagore Public Madhyamik Vidyalaya, - 6 - Pilibanga recommendations were accepted but similar recommendation to declare the result of petitioners is not accepted, which is totally discriminatory action of the Board. In view of the above discussion, this writ petition is allowed. The order under challenge Annex.5 dated 7/7/2007 is quashed and set aside. The respondent no.1 - Board of Secondary Education Rajasthan, Ajmer is directed to evaluate the marks of petitioners as evaluated for the students of Tagore Public Madhyamik Vidyalaya, Pilibanga and declare the result of secondary examination forthwith. No order as to costs. (GOPAL KRISHAN VYAS), J. Pankaj Baweja