Kumari Anjali v. Board of High School and Intermediate Education, U. P. Allahabad
1982-02-24
A.SRIVASTAVA, K.C.AGRAWAL
body1982
DigiLaw.ai
JUDGMENT K.C. Agrawal and A. Srivastava, JJ. - The petitioners appeared at the High School Examination of the year 1981 conducted by the U.P. Board of High School and Intermediate Education, Allahabad, from Bapu Inter College Kopaganj district Azamgarh. The petitioner No. 1 was given Roll No. 573855 whereas Roll member of petitioner 2 was 573859. one of the subjects in which the petitioners appeared at the examination was Mathematics The results of the petitioners were not notified. Subsequently, the petitioners were served with charge-sheets along with five others by the Board for enquiry, on the allegation that they were guilty of having used unfair means in the said paper. The petitioners appeared before the enquiry committee, but subsequently on-February 10, 1982 the petitioners where intimated that their results had been cancelled. The petitioners have now come to this Court for a Mandamus directing the Board to declare the petitioners successful and also for Certiorari quashing the order of the Board dated 10th February, 1982. 2. As stated above, the paper in which the petitioners were found guilty of copying was Mathematics I paper. In the said paper, there was question I (e) bearing one mark. This was objective question. Below the question, five figures had been written and every student was to pick up one which he considered to be correct. These answer were the following. (i) 8, (ii) 20 (iii) 36, (iv) 40, (v) 0. 3. Incidentally, the answers given by the two petitioners tallied. This created suspicion in the mind of the examination committee and on account of the same petitioners, results were cancelled. 4. We have heard counsel for the parties, and we are of opinion that the decision of the Board cancelling the results of the petitioners appears to be perverse Questions (e) was objective in nature which had to be answered by picking one of the answers given in the question paper itself. In the absence of any other circumstances, if the answers of the two petitioners tallied with each other, that could not be a ground to hold them guilty of having used unfair means. 5. We, accordingly, allow the writ petition, quash the order of the Board dated 10th February, 1982, cancelling the results of the petitioners and direct the Board of to declare the results of the petitioners forthwith.