Santosh Kumar Sharma vs U.P.Board of High School and Intermediate Education at Allahabad

R.R.K. Trivedi, J.—In this writ petition, counter and rejoinder affidavits have been exchanged. Learned Counsel for the parties have agreed that this writ petition may be decided finally at this stage.

Facts giving rise to this writ petition are that petitioner Santosh Kumar appeared in High School Examination of 1983 with Roll No. 713306. The result of the petitioner was withheld under the head ''W.B''. There were allegations of using unfairmeans against him. In Civil Misc. Writ Petition No. 10276 of 1983 however this Court on 19th September, 1983 gave a general direction to the U.P. Board of High School and Intermediate Education (hereinafter referred to as (Board'') to issue provisional marksheet to the students whose results have been withheld. The direction issued is being reproduced below:

"In cases of mass copying the Board will pass the final order within 15 days from today; and where the charge is of being caught redhanded the Board will pass final orders within six weeks from the date the candidate gives his explanation. In any case, in which the Board is unable to pass final orders within the aforesaid period, it will forthwith give to the respective candidates their markssheet provisionalty. In each case where the markssheet it given provisionally, the Board may make the requisite endorsement."

In pursuance of the aforesaid direction, a provisional markssheet was issued to petitioner and on the basis of this marks sheet he got himself admitted in next higher class and continued to pursue his studies. However, the Unfairmeans Disposal Committee by order dated 28th December, 1983 cancelled the petitioner''s High School Examination of 1983. It has been claimed by the respondent in the counteraffidavit as well as in supplementary counteraffidavit that the conclusion of the Unfairmeans Committee was communicated to the Petitioner through the Principal of the College from which he appeared in High School Examination. As averred in Paragraph No. 8 of the writ petition, on 9th August, 1994 petitioner approached the Board and applied for issuance of his High School mark sheet and Certificate on the basis of the examination of 1983. On this application being made, Board by the impugned order dated 9th August, "1994 communicated petitioner that his High School Examination was already cancelled and marksheet and certificate cannot be issued. Aggrieved by the aforesaid order (Annexure8 to this writ petition), this writ petition has been filed, seeking relief that the impugned order dated 9th August, 1994 (Annexure 8) may be quashed and respondent may be directed to issue marksheet and Certificate of High School Examination of 1983. In counter affidavit and supplementary counteraffidavit it has been specifically averred that the result of the petitioner was cancelled by the Disposal Committee on 28th December, 1983 and information of which was given to the Principal of the college concerned from where petitioner had appeared in the Board Examination of 1983. The record of the High School Examination of 1983 has been weeded out as per Government Orders issued and is not available for being produced before the Court for perusal. It has been further submitted that the impugned order (Annexure8) has been issued on basis of Tabulation Register which is maintained for a period of 50 years, which contains an entry to this effect.

Petitioner on basis of the provisional marksheet issued to him contained his studies and passed Intermediate Examination in the year 1986 and B.A. in 1989 and L.L.B. Examination in 1993 from Poorvanchal University.

Learned Counsel for the petitioner has submitted that the petitioner was not at fault at any stage and the decision of the Disposal Committee dated 28th December, 1983 was never communicated to him. Learned Counsel has submitted that it is not open now to the respondent to allege that the examination of the petitioner for High School of 1983 was cancelled.

I have considered the submissions of the learned Counsel for the petitioner and learned standing Counsel and in my opinion, the contention advanced on behalf of the petitioner cannot be accepted. It is not disputed that the result of petitioner was withheld and only a provisional marksheet was issued to him on basis of the general direction given by this Court in another, writ petition. He never made effort to know the result of action taken against him on the allegation of using unfairness or to obtain the marksheet or the certificate from the Board for long period. He for the first time applied for issue of the marksheet and the certificate in the year 1994 i.e. after 11 years, when he sought enrollment in Bar Counsel as an Advocate and he could not be enrolled in absence of High School Certificate. But for this strict rule or practice of Bar Council be may not have even attempted in 1994 to obtain his High School Certificate from Board. In the circumstances it cannot be said that the respondent Board was responsible in any manner for this unfortunate situation. As the record has been weeded but it is not possible for this Court to say that the decision of the Disposal Committee suffered from any legal infirmity and the result of the petitioner was cancelled in arbitrary manner and no interference is possible by this Court under Article 226 of the Constitution in such facts and circumstances. So far as the fact of notice to petitioner about cancellation in concerned, there is nothing before this Court to disbelieve the averment made on behalf of the Board which is based on record. This is a question of fact and in these proceedings it is not possible to record any positive finding. In the circumstances the relief sought by petitioner cannot be granted. However since petitioner has already completed his academic career so far as further studies are concerned, it shall not be proper to deprive him of the fruits of his further studies on the ground that he could not peruse the same as he had not passed High School Examination. In peculiar facts and circumstances of this case, it shall be in the interest of justice, if he is allowed an opportunity to appear in the High School Examination and pass it.

For the reasons stated above, the respondent Board is directed to permit petitioner to appear in the High School Examination of 1996. His examination form shall be accepted. The future academic achievements of petitioner namely, as certificate of passing Intermediate, B.A. and L.L.B. Examination shall be subject to his passing of High School Examination. In other words the above certificate will not be effective until he passed the High School Examination.

Subject to above directions/observations, this writ petition is disposed of finally. No order as to costs. Petition disposed of.