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P. Chidambaram, Arun Jaitley, I.R. Joshi, M.N. Shroof, Ms. Indu Malhotra, Ms. Alka Mukhija, Harish N. Salve, Ms. Shireen Jain, J.P. Cama, Mukul Mudgal, Mrs. Urmila Sirur, Dileep Pillai, P. Kesava Pillai, Kailash Vasdev and Vimal Dave for the Respondents.

The Judgement of the Court was delivered by K. RAMASWAMY, J. We have heard the learned counsel on either side and grant special leave to appeal in all the cases.

The quest for just result to save the precious academic years to the students while maintaining the unsullied examination process is the core problem which the facts have presented for solution.

sion into prestigious institutions. The racket of large scale tampering wading through 80,000 moderators' mark- sheets obviously was done by concerted action. It is clear that from large body of moderators' mark-sheets, it is not possible to pick the marks-sheets of the concerned examinee alone unless there is concerted and deliberate efforts, in conspiracy with some members of the staff entrusted with the duties in this regard, for illegal gratification. It is also not an innocent act of mere corrections as is sought to be made out by Sri Chidambaram, the learned counsel for the respondents. We have no manner of doubt that unfair means were used at the final Secondary Examination held in March 1990, by fabricating the Moderators' mark-sheets of 283 examinees, in a concerned manner, admittedly, to benefit the students concerned.

Other clauses are not relevant for the purpose of this case. Hence omitted. The Board also in its meeting held on October 26, 1985 framed rules in Appendix 'A' providing under different heads the nature of the offence and the quantum of punishment, the relevant item 16 reads thus:

"Tampering with the Secondary/Higher Secondary School Certificate and/or statement of marks or their copies and any other documents issued by the Board."

Cancellation of performance of the Examination and debarring the candidate for five more examinations and/or to lodge complaint by the concerned institution/Authority to Police Department. Thus a conspectus of these relevant provisions of the Act, regulations and resolutions clearly cover the entire field of operation regarding the use of unfair means at the final examinations specified the competent authorities and the procedure to deal with the same. The Divisional Board undoubtedly has been empowered under Sec. 19 of the Act to deal with the use of unfair means at the final examination. It may be made clear at this juncture that the Standing Committee consists of six members of the Divisional Board and none of them associated with the enquiry. Enquiry Officers are also the members of the Divisional Board. The regulations provide the procedure in this regard. It is undoubtedly true as contended by Shri Chidambaram, that the Act empowers the Divisional Board to deal with the use of unfair means at the final examination. But to give acceptance to the contention that the Standing Committee is an alien body to the Divisional Board is to do violence to the scheme of the Act and Regulations. It is seen that under the scheme of the Act and Regulations the State Board is empowered to constitute the Standing Committee. Equally the Divisional Board is empowered to constitute the committees which include the Examination Committee. The members thereof are only members of the Divisional Board. Equally the Inquiry Officers are also the members of the Divisional Board other than the members of the Education Standing Committee. The Standing Committee is an executive arm of the Divisional Board for the efficient and expeditious functioning of the Board as adumbrated under the Act itself. It is not a foreign body. Therefore, when the Divisional Board is acting in conducting the examinations and dealing with the use of unfair means at the final Examination, it is acting on behalf of the State Board as its agent. When the enquiry was conducted by some members and the Standing Committee was taking the decision thereon, it is acting on behalf of the Divisional Board. There is no dichotomy but distribution of the functions. Therefore, when the Standing Education Committee takes the decision its decision is on behalf of the Divisional Board to which they are members and the decision of the Divisional Board to which they are members and the decision of the Divisional Board in turn is on behalf of the State Board. This is the integral scheme woven by the Act and Regulations. Thus under the scheme of the Act, for the efficient and expeditious function of the concerned Boards; implementation of the provisions of the Act, and to prevent use of unfair means at the final examination including tampering the result of the examination, the Standing committee is clearly within its power to take final decision. On a fair and harmonious reading of the relevant provisions and given their due scope and operational efficiency, we are of the considered view that the Examination Standing Committee of the Divisional Board itself a statutory body acted on behalf of the Divisional Board and is not a delegate of the Divisional Board.

The question then is whether the candidates or their parents or guardians are privy to the fraudulent fabrication. Since we are informed that investigation in this regard by the Police is in progress, we refrain to express any final opinion in this regard. Suffice to state that the records clearly establish that there was a fraudulent fabrication of the moderators' marks-sheets of 283 candidates including the respondents herein. The question, therefore, emerges whether the conclusion reached by the Standing Committee that the fabrication was done at the behest of either the candidate or the parents or the guardians to their advantage is based on records. We remind ourselves that the facts was examined to explain as to how the moderators' sheets were dealt with after the board screened the marks, but before taking to Pune to feed the computer, nor an opportunity was given to cross examine them. The evidence without subjecting it to cross-examination is of no value. Enquiry report is not a report in the eye of law. It does not contain any statement of facts, nor reasons recorded. It merely records conclusions. When seven members were appointed it is not expected that all of them would submit uniform stereo typed reports to the Standing Committee. The Standing Committee did not apply its mind to the facts, nor recorded reasons in support of its conclusions that the examinees/parents/guardians were parties to the fabrication and the fabrication was done at their behest. Sri Chidambaram further contended that the Board should establish the guilt of the examinees beyond all reasonable doubts. Shri Jaitley, Sri Cama and Sri Salve though did not support Sri Chidambaram that the standard of proof must be beyond all reasonable doubt, they argued that Standard of proof must be a high degree akin to trial in a criminal case. The Board did not discharge its duty, on the other hand the Board had presumed that fabrication was done for the benefit of the examinees. The test of benefit to an examinee is preposterous. There is no presumption that the fabrication was done at the behest of either the examinees/parents/guardians. It must be established by the Board as of fact that the examinees/parents/guardians were responsible for fabricating the Moderators' mark-sheets. Thus no evidence was placed on record, nor wait proved; that, therefore, the findings of the Standing Committee are clearly based on no evidence. The learned Judges of the High Court were justified in reaching the conclusion that the Board had not established that the fabrication was done at the behest of the examinees/parents/guardians. This was resisted by Sri T.R. Andhyarujana, learned counsel appearing for the Board. It was his contention that all the examinees admitted in answers to the questionnaire that tampering was done and it was to their advantage. In view of the admission, the need to examine any person from the concerned section was obviated. Fabrication cannot be done except to benefit the examinees. The fabricator had done it for reward in concert with outside agencies. Therefore, the inference from these facts drawn by the Standing Committee that the examinees/parents/guardians were responsible to fabricate the moderators' marks-sheets is based on evidence. Proper enquiry was conducted giving reasonable opportunity to the candidates. Show cause notices set out the material facts on which the Board intends to place reliance. The examinees submitted their explanations and also answered the questionnaire. On consideration thereof the Standing Committee had reached the conclusions of the guilt of the examinees/parents/guardians. This is based on record. It is not open to High Court to evaluate the evidence to come to its own conclusions. Thereby the High Court has committed manifest error of law warranting interference by this Court.