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Judgment
S. Harkauli, J.—These Bunch of Writ Petitions relate to the cases where in the examination conducted by the U.P. High School and Intermediate Board, candidates have filled more than one examination form from different places. In some cases one examination form has been filled by the student as a regular candidate from the School where he is undergoing education as regular student and the other examination form has been filled up by the same candidate as a private student sometimes from the same District and some times from the another District. In some cases both the forms have been filled as private candidates.
Because there is a prohibition in the rules of the respondentBoard that a candidate will not fill more than one form, therefore, these candidates were initially not permitted by the respondent board at the examination.
In all these cases this Court had passed interim order permitting the petitioners to appear in the examination provisionally. It is not disputed that these candidates have appeared in the examination but their results have not been declared.
This Bunch of Cases described by the Registry as "Double Form Bunch" was listed earlier also and on that occasion, learned Standing Counsel was asked to obtain interim instructions from the respondentBoard as to what possible mischief would be done by the candidates by filling examination form twice. In soms of the cases counteraffidavit has been filed.
In the counteraffidavit, the stand taken is merely technical i.e. to say if candidate violates the Rule of the Board, which prohibits the filling of more than
one examination form the board in within its rights not to .permit the said candidate at all to appear in the examination.
Standing Counsel, apart from the above stand has submitted that the officers of the Board have informed him orally that there are some Mafias operating for helping the students in use of unfair means. At the instance of those Mafia the student fills the second examination font from a College (examination centre) where chances of use of unfair means are brighter as the staff of the particular college is in collusion with the Mafia.
The above argument is not supported by any data or concrete material. Further the argument cannot be accepted because when the candidate fills a form as a private student, at that stage he has no way of knowing which examination centre will be allotted to him out of several centres available in the District.
In the circumstances there is no substantive defence by the Board to the filling of double form which gives the Board the benefit of double fee for each candidate indulging in this act.
It may also be stated here that on the basis of examination form which contains photographs of the candidate, admit cards are issued to the candidates which again contain attested photograph of the candidate. Therefore, the apprehension of misuse by filling two forms does not appear to be real. The Rule of the Board against the same is therefore, held to be directory and not mandatory. That is to say, the act of filling double form by itself, without anything more, cannot ipsofacto result in debarring a candidate.
This does not mean that filling of double forms by the students in any manner is approved by the Court on the contrary it is strongly deprecated. However, there are some genuine cases in this Bunch also where after filling the examination form, the guardian of the students were transferred to another District and the petitioner has therefore, filled a new form from that district.
Further considering the fact that all these students are merely of High School and most of them would be minors and the act of indiscretion committed by them does not lead to any serious ill consequences and all students have actually appeared in the examination under the interim order of this Court, therefore, I am of the opinion that it would be in the interest of justice to allow these writ petitions and to direct the respondentBoard not to withhold the result of any such candidates on the ground that he has filled more than one examination form. If any result has been withheld merely on that ground it shall be declared within a month.
All these writ petitions are allowed.
There will be no order as to costs.