I have heard Mr.Mayur Rana, learned Counsel for Mr.R.K.Mishra, learned Counsel appearing on behalf of the petitioner. I have also heard Mr.Deepak Dave with Ms.Monali Bhatt, learned Counsel for Mr.A.D.Oza, learned Counsel appearing on behalf of the respondent Gujarat Secondary Education Board.
The present application has been filed by Sachinkumar Rameshchandra Shukla, who has been expelled by the respondent Gujarat Secondary Education Board from appearing in H.S.C. examinations for the next two years and his examinations for 2000-2001 has also been cancelled on the ground that he was found copying at the time of writing his answers in the examination hall. The learned Counsel for the petitioner submits that the order of punishment, which is at Annexure "A" to the petition, has been imposed on the petitioner, without hearing him.
Mr.Deepak Dave, learned Counsel appearing on behalf of the respondent Board submits that the Examination Committee sent a letter to the petitioner, but the Committee was not aware whether the letter for personal hearing reached the petitioner or not. However, Mr.Dave submits that the Examination Committee can review its decision. In any case, it appears that the petitioner did not receive the notice and, therefore, he could not appear before the Examination Committee to give his explanation. Mr.Dave further submits that the Examination Committee is meeting again on 31-7-2001 and the petitioner may appear before the Examination Committee and the Examination Committee may, if necessary, review its decision after hearing the petitioner. Accordingly, the petitioner is directed to appear before the Examination Committee on 31-7-2001 at 10.30 am and if the petitioner appears before the Examination Committee, then the Examination Committee will hear him and after hearing the petitioner, may take a fresh decision in accordance with law. No further notice is required to be issued to the petitioner. This order will be treated as a notice to the petitioner.
With the aforesaid observations and directions, the petition is disposed of. Notice is discharged. No order as to costs. Direct service is permitted.
27-7-2001(P. K. Sarkar, J.) vinod