Madhya Pradesh High Court
Board Of Secondary Education vs Bardoli College Lokera Katni on 14 January, 2016
Author: Rajendra Mahajan
Bench: Rajendra Mahajan
RP-934-2015
(BOARD OF SECONDARY EDUCATION Vs BARDOLI COLLEGE LOKERA KATNI)
14-01-2016
HIGH COURT OF MADHYA PRADESH PRINCIPAL
SEAT AT JABALPUR
R.P. No.929/2015
Board of Secondary Education
Vs.
Sardar Patel College of Technology
R.P. No.930/2015
Board of Secondary Education
Vs.
Pragya Bal Utthan Samiti Katangi
R.P. No.931/2015
Board of Secondary Education
Vs.
Devi Lal Baiga
R.P. No.932/2015
Board of Secondary Education
Vs.
Shivam College
R.P. No.934/2015
Board of Secondary Education
Vs.
Bardoli College, Lokera
R.P. No.935/2015
Board of Secondary Education
Vs.
Madhuri Kushwaha
R.P. No.936/2015
Board of Secondary Education
Vs.
Sumran Lal Dhurve
R.P. No.937/2015
Board of Secondary Education
Vs.
Sharda Mishra
R.P. No.938/2015
Board of Secondary Education
Vs.
Vijayshri Education Institute
R.P. No.940/2015
Board of Secondary Education
Vs.
Ved Prakash Kaure
R.P. No.941/2015
Board of Secondary Education
Vs.
Param Hans Mahavidhyalaya
R.P. No.943/2015
Board of Secondary Education
Vs.
Bardoli College Lakera, Katni
R.P. No.944/2015
Board of Secondary Education
Vs.
Shivam College
R.P. No.945/2015
Board of Secondary Education
Vs.
Niran Devlkar
R.P. No.946/2015
Board of Secondary Education
Vs.
Rakhi Patel
R.P. No.947/2015
Board of Secondary Education
Vs.
Oriental B.Ed College
R.P. No.924/2015
Board of Secondary Education
Vs.
Vidhya Shiksha Samiti College Khairee, Mandla
Present: Honâble Shri Rajendra Menon, J. &
Hon'ble Shri Rajendra Mahajan, J.
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Shri P. K. Kourav, Counsel for the applicant Board.
Shri J. K. Pillai, Shri Vijay Kumar Shukla, Shri Brindawan
Tiwari, for the respondent.
ORDER
(14/1/2016) As common questions of law and facts are involved in all these review petitions, they are being decided by this common order.
2. All these applications have been filed for modification/ correction of the order passed in the original writ petition No.7490/2015 â Vindhya Shiksha Samiti College Khairee ; W.P. No.8726/2015 â Rakhi Patel Vs. Board of Secondary Education; W.P. No.11224/2015 â Oriental B.Ed College Vs. Board of Secondary Education; W.P. No.11501/2015 â Bardoli College, Lakera Vs. Board of Secondary Education; W.P. No.11511/2015 â Paramhans Mahavidhyalaya Vs. Board of Secondary Education; W.P. No.11551/2015 â Shivam College Vs. Board of Secondary Education; W.P. No.11829/2015 â Devi Lal Baiga Vs. Board of Secondary Education; W.P. No.11886/2015 â Sumran Lal Dhurve Vs. Board of Secondary Education; W.P. No.12217/2015 â Pragya Bal Utthan Samiti Vs. Board of Secondary Education; W.P. No.12220/2015 â Shivam College Vs. Board of Secondary Education; W.P. No.12341/2015 â Sardar Patel College of Technology Vs. Board of Secondary Education; W.P. No.12418/2015 â Vidhik Shaikshanik Santhan Vs. Board of Secondary Education; W.P. No.12419/2015 â Vidhik Shaikshanik Sansthan Vs. Board of Secondary Education; W.P. No.12435/2015 â Vijayshree Education Institute Vs. Board of Secondary Education; W.P. No.12509/2015 â Ved Prakash Kaure Vs. Board of Secondary Education; W.P. No.12632/2015 â Sharda Mishra Vs. Board of Secondary Education; W.P. No.12670/2015 â Niran Devlekar Vs. Board of Secondary Education; W.P. No.12723/2015 â Bardoli College Lakera Vs. Board of Secondary Education & W.P. No.13036/2015 â Madhuri Kushwaha Vs. Board of Secondary Education on 8.12.2015
3. Bringing to our notice orders passed by the Gwalior Bench of this Court in R.P. No.458/2015 review is sought for on two grounds :-
First, contention is that before permitting the students to appear in the examination by virtue of the interim order passed by this Court or on the basis of final order passed eligibility conditions of the candidates were not examined and therefore, Board be granted liberty to examine the eligibility condition of each candidate and if any of them are found to be ineligible, liberty be granted to the Board to take consequential action as per law. Second, before the orders could be passed in some of the cases, examination in the month of December 2015 were already over and therefore, such candidate could not be permitted to appear in the examination, therefore now as permitted by the Gwalior Bench in the review petition, such candidates would be permitted to appear in the examination to be held in May/ June 2016.
4. Having considered the submissions made by Shri P. K. Kourav in detail and after going through the findings recorded and liberty granted by Gwalior Bench in R.P. No.458/2015, we direct that in case any of the petitioners were not permitted to appear in the examination that was conducted in December 2015 due to paucity of time or for any other reason, Board shall now permit such of the petitioner or such candidate to appear in the examination which is to be held in May 2016 subject to the petitioner/ candidates being eligible to appear in the examination having fulfilled all other requirement.
5. In the order already passed by us in original writ petition, we have directed the applicant Board to publish the result of the students who have participated in the examination, provided that they are otherwise eligible. That being so, for the present, we grant liberty to the respondent Board by directing that while scrutinizing the case of the candidates for declaration of result, if the Board finds for any reason whatsoever,that any of the candidates were or are ineligible to appear in the examination it shall be incumbent upon the Board to issue notice to the candidate concerned, mention the ground which makes him or her ineligible to participate in examination, give an opportunity to the candidate to give his/ her say in the matter and thereafter, pass a speaking order holding him or her eligible or ineligible to appear in the examination. Subject to aforesaid modification to the order dated 8.12.2015 passed in the original writ petition, these applications stands disposed of. The question of declaration of result of the candidate who had already appeared in the examination, shall also be considered in identically manner for the purpose of considering their eligibility and taking action.
6. With the aforesaid, all these review petitions stands disposed of.
(RAJENDRA MENON) (RAJENDRA MAHAJAN)
JUDGE JUDGE