All the Tabulators submitted these precentages.
It was stated in the return that a companyplaint was received from one Satnarain Singh of Jagdish pur, who, however, wrote a letter that he had made numbersuch companyplaint.
The main grounds were that there was numbercomplaint of use of unfair means that numberopportunity had been given to the examinees to show cause before passing the order of cancellation against them that as the Supplementary Examination was to be held within 10 days of the companymunique there was numbertime for the students to prepare for the examination that the cancellation ought to have been announced before publishing the results of other centers and lastly that the order passed by the Chairman and number by the Board, was number a valid order under the Bihar School Examination Board Regulations.
The results were published in July 1969 but the results of examinees at Hanswadih center were number released.
The matter was referred to the Unfair Means Committee of the Board.
The respondents are 36 students of S.S.H.E. School, Jagdishpur and H. E. School Malaur, District Shahabad.
Everyday Science 90 5.
Hidayatullah, C.J., This is an appeal against the judgment and order of the High Court of Patna, December 8, 1969 in Civil Writ Jurisdiction Case No.
U.P., Allahabad v. Ghanshyam Das Gupta and Ors.
1962 Supp.
The respondents challenged the order of the Board on many grounds.
From the record of the case and the return which has been filed by the Board the following facts appear The Tabulators of the Hanswadih centers, reported that the percentage of successful examinees was as high as 80 whereas the average at the Arrah, Dalippur centers was only 50.
The High Court also companysidered the companypetence of the Chairman to pass the order under the Regulations but did number decide it as it reached the companyclusion that the principles of natural justice were violated and the orders of the Chairman and or the Board were, therefore unsustainable.
Examinees were, however, allowed to appear at the supplementary Secondary School Examination to be held in September, 1969.
On August 30, 1969 a companymunique from the Board appeared in the newspaper Searchlight that the examinations of all subjects held at the Secondary School Examination of 1969 at Hanswadih center were cancelled and the reason was that unfair means were practised on a large scale at this center.
The order of the Board was quashed and the publication of the results of the Hanswadih center was ordered.
On July 22, 1969 it was reported in a local Hindi daily newspaper that the results of this center and others were under companysideration.
The High Court relied upon Board of High School Intermediate Education.
The Head Masters of the three schools companycerned were also informed by registered letteRs.
1040 of 1969.
They were therefore asked to prepare percentage subject wise.
Elementary Mathematics 100 6.
It is brought to this Court by special leave.
Social Studies 95 4.
The appellant is the Bihar School Examination Board through its Chairman.
The action of the Chairman was placed before the Board at its meeting on September 9, 1969 and was approved.
this Court granted special leave and directed stay of the operation of the order of the High Court.
The Chairman then passed an order on August 30, 1969 cancelling the examination in all subjects at the Hanswadih center allowing the examinees to re appear at the Supplementary Examination in September, 1969 without payment of fresh fees.
They had moved the High Court under Article 226 of the Constitution against the order of the Board cancelling annual Secondary School Examination of 1969 in relation to Hanswadih center in Shahabad District.
The High Court has quashed the order of cancellation and directed the Board to publish the results.
They had also asked that a mandamus be issued to the Board to publish the results of the students who appeared at this center.
