TMI Blog1993 (11) TMI 232X X X X Extracts X X X X X X X X Extracts X X X X ..... ion for first year engineering students was held at Nilanga. The respondent, who was a lecturer in a polytechnic college, was appointed as a supervisor at the examination centre. Later on complaints of mass copying were received. And the University of Marathwada, on recommendation of a Committee of experts, cancelled results of the candidates who appeared from that centre and debarred them, further, from appearing in examination for next two years. It also decided not to entrust any examination duty in future to the respondent. On August 22, 1984 the Director of Technical Education issued a circular debarring many lecturers, including the respondent, from being assigned any examination duty. Some of the students approached the High Court by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y him that the action had been taken against him on suspicion. It was stated that the decision of University having been set aside by the High Court and the Director of Education having withdrawn the circular nothing survived against him. The Government did not agree with the explanation and by order dated September 16, 1987 cancelled membership of the respondent. This order was challenged by way of writ petition. It was allowed and the order cancelling membership was quashed as ultra vires as a plain reading of Section 15(2) of the Act indicated that the Government could take action, only, if it was of opinion that the activities of the respondent were detrimental to or obstructing the proper functioning of the Board. The Bench held that s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tivities which could empower the Government to take action of removal of a member must arise out of his functioning as a member of the Board. It can legitimately be urged as was attempted by the learned counsel for the respondent that it is activities in praesenti which could give rise to an action under this subsection and not what had happened in past. That is what appears to have persuaded the High Court to take the view in favour of respondent. But what was lost sight of was that an appointment of a member who does not carry an acceptable social image in the society is ipso facto bad. A teacher who is expected to instill discipline in students and prepare them for future found responsible for assisting or permitting copying in examinati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sing the power. 5.On this test the order of the High Court does not appear to be well founded. Even assuming there was technical breach and the show-cause notice did not spell out those relevant facts which could have empowered the Government to take action the social injury by nominating or appointing the respondent to an office of responsibility must not only have raised the eyebrows in the educational circle but is susceptible of creating unhealthy atmosphere. Reliance was placed on the letter issued by the Director of Education withdrawing his circular debarring the respondent from being entrusted with any examination work. It is not necessary to comment on it. But the letter obviously was issued without properly appreciating the eff ..... X X X X Extracts X X X X X X X X Extracts X X X X
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