Court No. - 58
Case :- WRIT - A No. - 24518 of 2018 Petitioner :- Yogesh Kumar And 2 Others Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Bheem Singh,Shri G.K. Singh, Sr. Advocate Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Following orders were passed on 19.11.2018:-
"Serious issues require determination in the facts of the present case. A direction has been issued by the Secretary of the Board directing the District Inspector of Schools, Agra and Aligarh to take action against Principals, who are found responsible for allowing ineligible candidates to appear in the Board examination.
With reference to the enquiry report dated 25th of July, 2018, it is contended on behalf of the petitioners that default in issuing admit cards to ineligible candidates was with the Board and that the petitioners cannot be held responsible for the same. It is also stated that the Secretary has otherwise no jurisdiction in terms of Section 16 (G) 5 to pass such an order.
Before this Court proceeds to examine the arguments urged on behalf of the petitioners, it would be appropriate to allow the respondents to place all relevant materials in respect of the matter in issue. It shall also be clarified as to what action has been taken by the Board against its own employees, who are responsible for allowing ineligible candidates to appear in the Board examinations.
Put up as fresh on 28th of November, 2018.
Let a certified copy of this order be supplied to learned Standing Counsel free of costs within 24 hours for compliance."
Shri R.P. Dubey, learned Additional Chief Standing Counsel has obtained instructions from the Secretary of the Board, as per which disciplinary action has been initiated against the employees of the Board and considering the fact that unauthorized students were allowed to appear in the Board examination, a decision has been taken to black-list these Institutions for 10 years. In addition to it, a direction has also been issued to the Committee of Management to initiate disciplinary action.
In case the Board has found that mal-practices were resorted to in the conduct of the examination, it is always open for them to proceed against the guilty persons, in accordance with law.
So far as initiation of disciplinary action is concerned, a recommendation can always be made to the Committee of Management to proceed against teaching and non- teaching employees, whose role has surfaced in commissioning of illegal acts. However, in absence of any enabling provision under the Act of 1921, it would not be open for the authorities to direct the Committee of Management to place the Principal under suspension. The direction, impugned in the writ petition, to the extent it commands the Committee of Management to place the petitioner under suspension, therefore, cannot be sustained. However, the Committee of Management shall be at liberty to examine the recommendation sent by the District Inspector of Schools concerned and to proceed in accordance with law against the petitioners.
It is made clear that this Court has not interfered with the disciplinary action initiated, in accordance with law, against the guilty persons or the decision taken to black-list the Institutions on account of illegalities committed by them.
Subject to the observations, noted above, this petition stands disposed of.
Order Date :- 28.11.2018 Amit Mishra