Rajasthan High Court - Jodhpur
Yashpal Singh vs State Of Raj. & Ors on 20 November, 2010
Author: Dinesh Maheshwari
Bench: Dinesh Maheshwari
1
S/18 S.B. CIVIL WRIT PETITION NO.8771/2009.
Yashpal Singh Vs. State of Rajasthan & Ors.
..
S/19 S.B. CIVIL WRIT PETITION NO.8772/2009.
Padma Ram Vs. State of Rajasthan & Ors.
..
S/20 S.B. CIVIL WRIT PETITION NO.8774/2009.
Manvendra Singh Vs. State of Rajasthan & Ors.
..
Date of Order :: 20th November 2010.
HON'BLE MR.JUSTICE DINESH MAHESHWARI
Mr. L.S. Jodha, for the petitioner(s).
Mr. B.L. Bhati, for the respondents.
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BY THE COURT:
These writ petitions involving similar questions have been considered together; and are taken up for disposal by this common order.
The petitioners herein appeared for Secondary Examination-2009 conducted by the respondent Board of Secondary Education, Rajathan, Ajmer ("the Board"). The result of the petitioners was withheld essentially on the allegations of use of unfair means; and ultimately, the Committee constituted by the Board recommended for cancellation of the examination of the petitioners. Aggrieved, the petitioners have filed these writ petitions.
There had been several cases considered together by the Committee and its recommendations as are relevant for the present purpose read as under:-
"ज च अध क र य न प कक क र प र, उत पस क, प कध य क बय न आद क खन क उप न प य कक प क $ न म &क 131222, 131229, 131263, 131266 एव& 131312 प एक य पश म+ नकल क न क आ प ह. । जजनह+ सम3व : प क ध य न प स बक 2 स र क उत ललखन स पश त लमल ह ह. । जजनह+ नकल क शण7 म+ नह & म न हए इन प क ध य क सन ह क ल 3 द य ज न क अनश&ष क ह. । शष आ पप प क $ न म &क 131220, 131225, 131233, 131264 एव& 131311 क 3 स लक प च पश म+ नकल क न क आ प स आ पप ककय गय । प क ध य क उत कह आ&लशक एव& कह ह=बह= लमलन क क ण ज च अध क र य न उनह+ प ठयपस क/प स बक स नकल क न क ष7 ब ल य ह. ।
सलमत न ज च अध क र य क र प र क खन क उप न तनणय ललय कक आ पप प क ध य म+ स प क $ न म &क 131222, 131229, 131263, 131266 एव& 131312 क प क पर ण म घ पष क द य ज व एव& प क $ न म &क 131220, 131225, 131233, 131264 एव& 131311 क प क पर ण म तन स क द य ज व ।"
The petitioners have questioned the proceedings adopted by the respondents on various grounds including the submissions that there had been total non-application of mind to the facts; and that the respondents have proceeded in an arbitrary manner while exonerating certain students or giving benefit of doubt to some of them but holding the petitioners guilty.
In these petitions, on earlier occasion, i.e., on 29.07.2010, before a co-ordinate Bench, the answer books said to have been written with use of unfair means were produced by the respondents. However, on 25.10.2010, the Court directed the respondents to make available the answer- sheets and so also the pass-books said to have been used by the petitioners.
Pursuant to the orders aforesaid, the learned counsel for the respondents has placed before the Court today the answer-books of all the three writ petitioners and so also the photostat of the pass-book wherefrom they have alleged to have copied the answers of certain questions. 3
Though in these kind of matters, ordinarily, this Court would not take up the fact finding exercise but in the interest of justice and looking to the subject-matter of the writ petitions; the answer books and the pass-books have been examined and tallied with the assistance of the learned counsel appearing for the parties.
After thus having looked into the facts, so far the petitioners Yashpal Singh (CWP No.8771/2009) and Padma Ram (CWP No. 8772/2009) are concerned, the finding as recorded by the Inquiry Committee appears to be entirely justified and this Court does not find any case for exercise of writ jurisdiction in favour of these petitioners particularly when it is explicit that several of the answers in their answer books are taken verbatim from the pass-book.
However, so far the case of the petitioner Manvendra Singh (CWP No. 8774/2009) is concerned, after a perusal of his answer book, pass-book and looking to the approach of the Inquiry Committee where certain persons have been given benefit of doubt, this Court is of opinion that the case of this petitioner deserves re-consideration by the authorities after extending him an opportunity of hearing and with a re-look on his answer books and pass-book.
As a result of the aforesaid, while CWP Nos. 8771/2009 (Yashpal Singh Vs. State of Rajasthan & Ors.) and 8772/2009 (Padma Ram Vs. State of Rajasthan & Ors.) are dismissed, CWP No. 8774/2009 (Manvendra Singh Vs. State of Rajasthan & Ors.) is allowed to the extent that this petitioner 4 shall appear before the Authorities concerned on 22.11.2010 who shall hear him, re-examine the matter and take the decision afresh.
The parties through their counsel shall stand at notice for the proceedings contemplated by this Order on 22.11.2010.
In the interest of justice, it is also observed that if the Authorities render a decision favourable to the petitioner, he may be permitted to fill-up the examination form for the next year within a week from the date of their decision. No costs.
(DINESH MAHESHWARI), J.
/Mohan/ 5 S/19 S.B. CIVIL WRIT PETITION NO.8772/2009.
Padma Ram Vs. State of Rajasthan & Ors.
..
Date of Order :: 20th November 2010.
HON'BLE MR.JUSTICE DINESH MAHESHWARI Mr. L.S. Jodha, for the petitioner(s). Mr. B.L. Bhati, for the respondents.
<><><> Vide common order made in CWP No. 8771/2009 (Yashpal Singh Vs. State of Rajasthan & Ors.).
By Order, COURT MASTER /Mohan/ 6 S/20 S.B. CIVIL WRIT PETITION NO.8774/2009.
Manvendra Singh Vs. State of Rajasthan & Ors.
..
Date of Order :: 20th November 2010.
HON'BLE MR.JUSTICE DINESH MAHESHWARI Mr. L.S. Jodha, for the petitioner(s). Mr. B.L. Bhati, for the respondents.
<><><> Vide common order made in CWP No. 8771/2009 (Yashpal Singh Vs. State of Rajasthan & Ors.).
By Order, COURT MASTER /Mohan/