Court No. - 18
Case :- WRIT - C No. - 53665 of 2015 Petitioner :- Suraj Kisan Uchchatar Madhyamik Vidyalaya & Another Respondent :- State Of U.P. And Another Counsel for Petitioner :- Manoj Kumar Singh Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Bhatia,J.
Heard learned counsel for the parties.
The present writ petition has been filed challenging the order dated 03.9.2015, annexed as Annexure-2 to the writ petition, wherein the results of 69 examinees were cancelled and the Central Superintendent was barred for life time from carrying out any works related to the examinations and the petitioners were barred for a period of five years from holding any examination at their Centre.
The specific contention of the petitioners is that the allegations, with regard to 69 examinees, whose records were found to be missing, did not relate to the examinees, who had given the examinations from the Centre of the petitioners. This Court, vide its order dated 18.5.2018, had specifically directed the respondents to clarify as to whether there was any procedure for receiving copies of the relevant Centres or what was the procedure thereto. In response to the said order, an affidavit has been filed wherein no procedure has been specified, however, at page 15 of the said affidavit, a chart has been annexed showing that 356 copies were received. There is no averment in the counter affidavit or the supplementary counter affidavit to the specific contention that the 69 examinees referred to in the allegations were not from to the petitioners' institutions.
In view of the contentions made by the petitioners that the 69 examinees were not related to the petitioners' Centre having been unrebutted and the petitioners' institution already undergone the punishment for a period of four years, out of the total five years debarring punishment imposed against the petitioners.
The Court is of the considered opinion that the petition deserves to be allowed The order dated 3.9.2015 is hereby quashed in so far it relates to petitioners. The petitioners' Centre will be treated as examination Centre in the future in accordance with law.
Accordingly, the writ petition is allowed.
No order as to costs.
Order Date :- 29.11.2018 Puspendra