10
WPA (P) 104 of 2022
and Others reported in (2010) 6 SCC 614 but that was a
case where the reasons assigned in the impugned order
was supplemented by subsequent material to suspend
the cancellation of examination on the serious allegation
of mass copying, but the said judgment was rendered in
different fact situation.
Hence, considering the reasons mentioned above and
prima facie conclusion that the impugned order under
Section 144 of the Cr.P.C has been passed without
authority of law and taking note of the requirement of
Section 5(2) of the Indian Telegraph Act, 1885, the Rules
of 2017, the judgment of the Hon’ble Supreme Court in
the case of Anuradha Bhasin (supra) and People’s Union
For Civil Liberties (PUCL) (supra) and also the fact that
the reason now put forward for issuing the impugned
order are not contained in the impugned order and that
the State has various other means available to prevent
use of unfair means in the Madhyamik Examination and
that the prima-facie test of proportionality is not satisfied,
we are of the view that a case of grant of interim relief is
made out.
Hence, we direct that the operation of the impugned
order dated 03rd of March, 2022 shall remain stayed until
further orders. We make it clear that this order will not
come in the way of the State authorities in taking other