JUDGMENT Rakesh Tiwari, J.
1. Heard Counsel for the parties and perused the record.
2. There was an examination of the Elementary Mathematics in Virendra Singh Yadav Inter College, Ballampur, Mainpuri on 1.4.2000. Question papers were sent to it. It is claimed that 100 a packet containing 100 question papers bearing Code No. 832 of Elementary Mathematics was opened but it contained 50 question papers of Sanskrit and 50 of Elementary Maths. It was repacked and sealed before the Block Development Officer who was acting as temporary Magistrate and information was sent about the incident to the Board. On 4.4.2000 details of opening repackating were again sent to the Board and it was also informed as to how examination was managed. On 25.11.2000 the impugned order was passed suggesting departmental enquiry and punishment to the Centre Manager and the Invigilators in that incident and scraping of the college from being examination center again.
3. This writ petition has been field in 2001. According to the averments made in the writ petition, in one of the envelopes supposed to be containing 100 question papers of Elementary Mathematics, 50 papers of Sanskrit were found and 50 of Elementary Mathematics which were sealed and packed in presence of Sri Mahendra Chandra Yadav, B.D.O., Mainpuri, who was acted as temporary Magistrate and an information was given to the D.I.O.S. A Committee was constituted by the Madhyamik Shiksha Parishad, U.P., Allahabad which held its meeting on 26.7.2000 and considered the matter for opening of Sanskrit papers before the date of examination. The decision of the Committee was communicated by the Sachiv, Madhyamik Shiksha Parishad, U.P., Allahabad to the petitioners by letter dated 25.11.2000 which is as under :
izs"kd] lfpo] ek/;fed f'k{kk ifj"kn] mRrj izns'k] bykgkckn A lsok esa] iz/kkukpk;Z] chjsUnz flag ;kno b.Vj dkyst] cYyHkiqj] eSuiqjh A i=kad ek- f'[email protected]&[email protected] fnukad 25-11-2000 fo"k; & o"kZ 2000 dks gkbZLdwy ijh{kk ds nkSjku dsUnz ij laLÑr fo"k; ds iz'u i= dk fyQkQk fu/kkZfjr ijh{kk frfFk ds iwoZ [kksy fn;s tkus ds lEcU/k esa A egksn;] mijksDr fo"k;d izdj.k ijh{kk lfefr dh cSBd fnukad 26-7-2000 ds le{k fopkjkFkZ izLrqr fd;k x;k A lfefr us xEHkhrkiwoZd fopkjksijkUr Øeokj fuEuor~ fu.kZ; fy;k gS% ijh{kk lfefr dk fu'p; % 1& lfefr us fu'p; fd;k fd fo|ky; ds lEcfU/kr dsUnz O;oLFkkid rFkk lHkh lk{kh d{k fujh{kdks dks ifj"kn ds leLr ikfjJfed dk;ks± gsrq ikWp o"kZ rd O;o/kku o"kZ NksM+dj vkeaf=r ugha fd;k tk, A lkFk gh buds fo:) vuq'kklukRed dk;Zokgh fd;s tkus gsrq laLFkk ds izcU/krU= ,oa f'k{kk funs'kd] mRrj izn'k dks fy[kk tk, A muls ;g Hkh vuqjks/k fd;k tk; fd os bu O;fDr;ksa ds fo:) Ñr dk;Zokgh ls ifj"kn~ dks voxr djk;sa A 2& lEcfU/kr mi;qZDr fo|ky;
dks Hkfo"; esa ifj"knh; ijh{kkvksa dks u rks vxzlkj.k dsUnz cuk;k tk; vkSj u gh ijh{kk dsUnz gh cuk;k tk; A mi;qZDr fu.kZ; dh dk;Zokgh lHkkifr] ek/;fed f'k{kk ifj"kn~ m- iz- }kjk vuqeksfnr gS A vLrq mijksDr fu.kZ; ls izHkkfor fuEukafdr lHkh lEcfU/kr mijksDr fu.kZ; ls voxr gksus dk d"V djsa A 1& Jh egs'oj n;ky ;kno] dsUnz O;oLFkkid ,oa iz/kkukpk;Z] chjsUnz flag ;kno b.Vj dkyst] cUuny cYyeiqj] eSuiqjh A 2& Jh lkscje flag ;kno ¼lk{kh½] lgk- v/;kid] chjsUnz flag ;kno b.Vj dkyst] cUuny cYyeiqj] eSuiqjh A 3& Jh ';ke ckcw ;kno ¼lk{kh½] lgk- v/;kid] P;ou _f"k m-ek- fo|ky;] vkSaaNk] eSuiqjh A 4& Jherh lR;orh voLFkh ¼lk{kh½] izkFkfed ikB'kkyk] cYyeiqj] eSuiqjh A Hkonh;] [email protected]"V vpyk [kUuk] lfpo A**
4. An appeal was moved by the Center Incharge Virendra Singh Yadav Inter College, Ballampur, Mainpuri which is impugned in the present writ petition inter alia, on the ground that the Committee of Management was not given an opportunity for explaining the situation and informing the Committee and its Invigilators were not responsible for which other authorities were responsible. It is also submitted that since no opportunity of hearing was given, the impugned order was passed in violation of Rule 8-B of the U.P. Intermediate Education Act.
5. From the record it is evident that Sanskrit paper was opened before the date of examination. The Committee has considered the reply of the Management Committee in details and it can not be said that no opportunity has been granted to the petitioners and they can not be permitted to play with the life of the children. The Committee constituted by the Board was of the opinion that it is not expedient to conduct the examination in the said college and no relief can be granted giving status of the examination centre to the petitioners' school.
6. For the reasons stated above, it is not a fit case for interference under Article 226 of the Constitution of India. The writ petition is dismissed. No order as to costs.