BIHAR SCHOOL EXAMINATION BOARD versus SUBHAS CHANDRA SINHA & ORS.

Citation: [1970] 3 S.C.R. 963 · Decided: 10-03-1970 · Supreme Court of India · Bench: M. HIDAYATULLAH · Disposal: Appeal(s) allowed

Cited by 6 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

963 
A 
BDIAR SCHOOL EXAMINATION BOARD 
v. 
SUBHAS CHANDRA SINHA & ORS. 
February 25, March 10, 1970. 
B 
[M. HIDAYATULLAH, C. J., A. N. RAY AND I. D. DUA, JJ.] 
c 
D 
E 
F 
G 
H 
Natural Justice-Evidence of unfair means at examination at a parN• 
cular centre appGrent--Cancellation of eXIQmination at the centr;:-
Whether notice to exa1ninees necessary, 
Bihar School Examination Board Act (Bihar Act 7 of 1952) s. 9(3)-
Scope of. 
Candidates at the Secondary School Examination held in March 1969, 
appeared at various centres. 
The results at all centres were published in 
July 1969, except those at a particular centre. The tabulators at that 
centre reported that the percentage of marks and of successful candidates 
was unusually high ( 80 % or more) . The matter was referred to the 
Unfair Means Committee of the Board. A comparison of the 
aO'\i'er 
books at that centre showed such a remarkable agreement in the ansvters, 
that it was obvious that unfair means were adopted and that the students 
had assistance from an outside source. The Chairman p3ssed an Order 
on August 30, 1969, cancelling the examination at the centre and allowing 
the examinees at the centre to re-appear at the Supplementary Examination 
in September The action of the Chairman was placed before the 803.t'd 
and was approved. 
. 
The respondents.· \\'ho \\'ere the examinees at that centre movei.! the 
High Court under Art. 226 and the High Court quashed the ~rder cf tl.te 
Board and ordered· publication of the results of that centre. 
In appeal to this Court, 
HELD : (I) There was enough material for the Chairman and the 
Board for taking action without .any complaint from anybody of the use 
di unfair means. [966 E-FJ 
(2) There was no reason for __ \vithholding the publication ·of r.!3trJts 
of other centres which \vere not- under suspension. [966 F] 
(3) Under s. 9(3) of the Bihar School Examination Board Act. in 
an emergency, the powers of the Chairman are co-terminus with thOSI! of 
the Board and he can take action himself and later repdrt it to the Board. 
Therefore, the order of the Chairman in the present case \Vas not in::i'11· 
petent. [966 C-F; 967 A] 
( 4) The es·sence of an examination is that the worth of every p-;rson 
is appraised without any assistance from an outside source. If at a C':!Dtre 
the whole body of students received assistance and managed to s.Jurce 
success at a high percentage, when at other centres, the average \Vas only 
50%, the 
University or the Board ould cancel the 
exan1ir:.;:i,tion 
as tf whole; and if there was sufficient material on which it could be 
demonstrated that the Authority was right in its conclusion that the cxami .. 
nation as a whole \vas vitiated then academic standards require th.lt the 
Authority's appreciation of the problem must be respected. To make ouch 
a decision depend upon a full-fledged judicial inquiry would hold up the 
functioning of such autonomous bodies as lJniversities and School Beards. 
!967 G-H; 968 E-HJ 
96~ 
SUPREME COURT .REPORTS 
(1970] 3 S.C.R. 
Jn the present case, no principle of natural justice was violated and 
the1e was no need to give the examinees an opportunity to contest the 
conclusion, because, the evidence was plain 
and transparent, 
and 
the 
Beard had not charged anyone with unfair means so that he could claim 
to defend himself. 
Therefore, the order of the High Court must be set 
aside and the respondents-candidates allowed to sit for the next examination. 
[969 B-Dl 
Board of High School Intermediate Examination, U.P. Allahabad v. 
Ghanshyam Das Gupta and Ors. (1962] Supp. 3 S.C.R. 36, explained. 
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 2620 of 
1969. 
Appeal by special leave from the judgment and order dated 
December 8, 1969 of the Patna High Court in C.W.J.C. No. 1040 
of l 969. 
Sarjoo Prasad, Roy Paras Nath, S. K. Bisaria and S. S. 
Jahar, for the appellant. 
S. N. Prasad, for the respondents. 
A 
B 
c 
The Judgment of the Court was delivered by 
D 
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. 1040 of 1969. It is brought to this 
Court by special leave. 
The appellant is the Bihar School Exa-
mination Board through its Chairman. 
The respondents are 36 
students of S.S.H.E, School, Jagdishpur and H. E. School Mal-
E 
aur, District Shahabad. They had moved the High Court under 
Art. 226 of the Constitution against the order of th

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