CM-2210-CWP-2025 in/and CWP-25017-2024 & connected case 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (110) CM-2210-CWP-2025 in/and CWP-25017-2024 Date of Decision : February 18, 2025 Nikky Model Senior Secondary School, Pinangwan District Nuh .. Petitioner Versus State of Haryana and others .. Respondents (111) CM-2202-CWP-2025 in/and CWP-25819-2024 Saraswati Senior Secondary School, Hodal, District Palwal .. Petitioner Versus State of Haryana and others .. Respondents CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI Present: Mr. Mazlish Khan, Advocate, for the applicant-petitioner(s) in both cases. Mr. Gaurav Jindal, Addl. Advocate General, Haryana. Ms. Vasundhra Asija Bhandari, Advocate, for Mr. Pravindra Singh Chauhan, Advocate, for respondents No. 2 and 3. HARSIMRAN SINGH SETHI J. (ORAL) CM-2210-CWP-2025 in CWP-25017-2024 CM-2202-CWP-2025 in CWP-25819-2024 Present applications have been filed for recalling the order dated 10.01.2025, by which, the present writ petitions were dismissed for non-prosecution. HARSHA RANI 2025.02.21 09:46 I attest to the accuracy and integrity of this document CM-2210-CWP-2025 in/and CWP-25017-2024 & connected case 2 Notice of the application to the counsel opposite. Mr. Gaurav Jindal, learned Addl. Advocate General, Haryana, who is present in Court, accepts notice on behalf of the respondent-State and Ms. Vasundhra Asija Bhandari, Advocate, accepts notice on behalf of respondents No. 2 and 3. They raise no objection for the grant of prayer as raised in the present applications. Keeping in view the averments made in the applications, which are duly supported by an affidavit, the same are allowed. The order dated 10.01.2025 is recalled and the writ petitions are restored to its original number and status. CWP-25017-2024 & CWP-25819-2024 1. By this common order, two writ petitions, the details of which have been given in the heading, are being disposed of as both the petitions involve the same question of law on similar facts. 2. In the present writ petition, the grievance of the petitioner(s)- School is that they were asked to conduct the examination by the Haryana School Education Board and while holding the said examination for the Session 2024-2025, certain allegations of using unfair means by the students who were appearing for the examination had cropped up and without any application of mind, Schools have been imposed with the fine of Rs.3 lacs by the respondent-Board for not being vigilant enough to stop the use of unfair means. 3. Learned counsel for the petitioner(s)-School submits that though the Schools have already deposited the said amount with the Board HARSHA RANI 2025.02.21 09:46 I attest to the accuracy and integrity of this document CM-2210-CWP-2025 in/and CWP-25017-2024 & connected case 3 but they have not been given a fair chance to explain their conduct that nothing wrong was done by the Schools or its staff so as to invite the penalty of Rs. 3 lacs but the said opportunity has not been given before imposing penalty upon the petitioner(s). 4. Learned counsel for the respondent-Board submits that a fact finding enquiry was conducted and thereafter, the order imposing the penalty has been passed hence, the grievance being raised by the petitioner(s) is incorrect. 5. I have heard learned counsel for the parties and have gone through the record with their able assistance. 6. Nothing has come on record that while holding the fact finding enquiry, the petitioner(s)- Schools were involved in the enquiry so as to seek their point of view also as to whether, any School staff was involved in allowing the candidates to use unfair means or not so as to invite the penalty envisaged under the law to be paid by the School concerned where the examination was held. 7. Further, as per the petitioner(s), the staff which was invigilating did not belong to the school which fact has been ignored by the Board while imposing the penalty. 8. Learned counsel for the respondent-Board has not been able to substantiate as to how, in case the invigilating staff was outside staff, the school can be made liable to pay the penalty in case the outside staff was not vigilant enough. 9. Further, in case the penalty is to be imposed, the same has to be imposed by passing a speaking order giving due reasons as to why the HARSHA RANI 2025.02.21 09:46 I attest to the accuracy and integrity of this document CM-2210-CWP-2025 in/and CWP-25017-2024 & connected case 4 School is liable to pay the said fine and that too after considering the stand taken by the School. 10. In the facts and circumstances of the present case, as the amount of penalty had already been deposited by the School, it will be in the interest of justice that the respondent-Board, gives an opportunity of hearing to the respective Schools to present their defence qua the penalty imposed and appropriate speaking order be passed with regard to the conduct of the staff and the School where the examinations were held. Let the said speaking order be passed by the Board within a period of eight weeks of the receipt of copy of this order and it will be appreciated that in case the representative of the School is given personal hearing before passing of the said order. In case, after the passing of the order, the Board is of the view that the penalty is to be imposed, the reasons for arriving at the said conclusion will be conveyed to the petitioner(s) for their information and necessary action and in case, the finding goes in the favour of the petitioner(s), the penalty imposed upon the Schools be refunded back to them. 11. Let the said order be complied with within a period of eight weeks from the date of receipt of copy of this order. 12. The present writ petitions are disposed of in above terms. 13. A photocopy of this order be placed on the file of other connected case. February 18, 2025 (HARSIMRAN SINGH SETHI) harsha JUDGE Whether speaking/reasoned : Yes Whether reportable : No HARSHA RANI 2025.02.21 09:46 I attest to the accuracy and integrity of this document