SIMULTANEOUS APPEARANCE IN TWO EXAMINATION CONDUCTED BY TWO DIFFERENT BOARDS IS NOT PERMISSIBLE

Rabia Basaria | Panjab University, Chandigarh | 1st February 2020

Kuldeep Kumar Pathak vs. State of U.P. and others Civil Appeal No.11 of 2016

FACTS:-

• Appellant successfully passed the intermediate examination conducted by Madhyamik Shiksha Parishad, U.P., Allahabad, 2002
• On that basis appellant successfully pursued the Bachelor in Arts (B.A.), then Master in Arts(M.A.), after that LL.B
• But before appellant could enrolled himself as an advocate, on 20 April, 2011, the respondent -authorities cancelled his Intermediate Examination result of 2002 conducted by Madhyamik Shiksha Parishad, Allahabad and also ordered to confiscate his certificate.
• Due to the effect of this order the further courses which appellant had passed in the meantime is also nullified.
• The reason of cancelling the Intermediate Examination was that appellant had appeared in two examination conducted by two different boards simultaneously, one-U.P. Board of High School and Intermediate Examination (Herein U.P. Board) and other- Sanskrit Board with respect to class X and equivalent Examination.
• Aggrieved by the order dated 20 April, 2011, the appellant on 10 May,2011, made a request before the respondent but without hearing appellant, the respondent passed the order on 18 May2011, giving effect to the order passed on 20 April, 2011.
• Against this order the appellant filed the writ petition before the high court but same was also dismissed. 
• At last the appellant filed the appeal before the Supreme Court challenging the judgement of High Court.
• The Learned Senior Counsel for appellant submitted before the Supreme Court that the judgment of High Court [High Court held that appearance in two examinations simultaneously for same year is in violation of the Regulation of the Board] is unsustainable because not such regulation is shown by the Board. The Learned Senior Counsel further argued that the order of confiscating the appellant’s certificate of Intermediate Examination is against the Principle of Natural Justiceas opportunity of hearing was not given to the appellant before such order.

HELD:-

It is held that the respondent failed to show the regulation which makes the appearance in two examination by the appellant in the same year is not  permissible, which leads that judgement of High Court is erroneous. Therefore the Court quashed the orders passed by the respondent and reversed the judgement of HighCourt.