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1 - 9 of 9 (0.21 seconds)Board Of High School & Intermediate ... vs Ghanshyam Das Gupta And Others on 6 February, 1962
"7. At the outset it will be profitable to notice some
authoritative decisions which have bearing on the
points raised before us. In AIR 1962 SC 1110 (Board of
High School and Intermediate Education, U. P.
Allahabad v. Ghanshyam Das Gupta) their Lordships
held that the Examination Committee, while dealing
with the cases of examinees using unfair means in
examination hall, acts quasi-judicially and the principles
of natural justice apply to the proceedings before it.
In that case no notice was at all given to the
delinquent-examinee and therefore the order
cancelling the examination was quashed.
The Board Of High School & Inter-Mediate ... vs Bagleshwar Prasad & Others on 27 August, 1962
In AIR 1966 SC 875 (Board of High School and
Intermediate Education, U. P. Allahabad v. Bagleshwar
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Prasad) it was held that the Enquiry Committee set up by the
Education Board to enquire into unfair means adopted by the
examinees at a particular examination has to decide all
relevant questions in the light of evidence adduced before
them. It was pointed out that direct evidence in such cases
might not be available and the question will have to be
considered in the light of the probabilities and
circumstantial evidence. Their Lordships, also pointed out
that the problem which the educational institutions have to
face from time to time is a serious problem and the court
should be slow to interfere with the decision of the
domestic tribunals.
Suresh Koshy George vs The University Of Kerala & Ors on 15 July, 1968
In AIR 1969 SC 198 (Suresh Koshy George v. University of
Kerala) it was held as follows :
Bihar School Examination Board vs Subhas Chandra Sinha, & Ors on 10 March, 1970
In AIR 1970 SC 1269 (The Bihar School Examination Board v.
Subhas Chandra Sinha) facts were of course different but
the proposition of law laid down by their Lordships is clearly
applicable to the facts of the present case. There was mass
copying by the candidates of a particular centre It was not
considered necessary to give specific charges to each of the
delinquent-examinee and the examination as a whole was
cancelled. Their Lordships observed that the University is
responsible for its standards and the conduct of examinations.
It cannot hold a detailed quasi-judicial inquiry with a right to
its alumni to plead and lead evidence etc. before the results
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are withheld or the examinations cancelled. If there is
sufficient material on which it can be demonstrated that the
University was right in its conclusion that the examinations
ought to be cancelled then academic standards require that
the University's appreciation of the problem must be
respected. It would not do for the court to say that you
should have examined all the candidates or even their
representatives with a view to ascertaining whether they had
received assistance or not. To do this would encourage
indiscipline if not also perjury.
Prem Parkash Kaluniya vs The Punjab University And Ors. on 25 January, 1972
In AIR 1972 SC 1408 (Prem Prakash v. Punjab University)
their Lordships observed;
Pramila Dei vs Secretary, Board Of Secondary ... on 6 March, 1972
In (1972) 38 Cut LT 349 = (AIR 1972 Orissa 224) (FB)
(Pramila Dei v. Secy. Board of Secondary Education, Orissa,
Cuttack) a Full Bench of this Court on a review of several
decisions on the subject laid down as follows:
Brajendra Maharana And Ors. vs The Utkal University on 18 August, 1975
In the present case, no show cause notice was issued to
the candidates. They were never called to appear before
the respondent Commission to project their defence and
their point of view. They were given no opportunity to
project that the communication (Annx.R/1) received from
the Additional Director General of Police, Anti Terrorist
Squad (ATS) and Special Operation Group (SOG), Jaipur,
cannot be relied upon. Respondent Commission itself or
through its unfair means committee or in house domestic
inquiry committee have to act as a quasi-judicial body.
After taking the entire case law into consideration, it has
been rightly observed by the Division Bench of Orissa
High Court in the case of Brajendra Maharana & Ors.
(supra) that inquiry must be held to debar a candidate
from future examination and this inquiry can be conducted
by a domestic tribunal and the functions performed by
such tribunal are of quasi-judicialcharacter.
In the present petition, petitioners who are affected
candidates were not apprised of charges of unfair means.
They were not given opportunity to make representation
and to explain the circumstances appearing against them.
In the present case, principles of natural justice have not
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been followed.
Article 227 in Constitution of India [Constitution]
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