JUDGMENT K.C. Agrawal and A.S. Srivastava, JJ. - This petition under Article 226 of the Constitution has been filed by Sundervir Singh. The petitioner challenged the order of the U.P. Board of High School and Intermediate Education, dated 12-12-1981 cancelling the result of the petitioner for the year 1981 and further debarring him for appearing in the Examination of next year, i.e. 1982. The point urged before us by the learned counsel for the petitioner Was that as no opportunity had teen given to him to meet the charges levelled against him, the impugned order was.illegal and invalid, 2. It appears from the papers filed along with the writ petition that the petitioner had been called upon to submit reply to the charge-sheet served upon him by 10th October, 1981 but this notice of the Board itself had been served on the petitioner on 13th October, 1981. This fact has not been denied. That being the fact, the petitioner could not be said to have been given any opportunity to which he was entitled to. Counsel for the State produced before us the copy and also the explanation which had been submitted by the petitioner on 17th October, 1981. On the aforesaid facts the counsel for the State submitted that the explanation given by the petitioner on 17th October, 1981, although sent in pursuance of the notice served beyond time could be deemed to have been considered and found untenable. We do cot find any material on the record of the present case to show that the explanation of the petitioner had been considered. The present is a case where the petitioner ought to have been intimated or asked or called upon to give the explanation before 10th October, 1981. This had not been done. That being so, we are inclined to quash the impugned order dated 12-1-1982. We understand that the petitioner had failed in the examination of the year 1981. Nothing practical to the advantage of the petitioner would happen on account of quashing the said order so far as the year 1981 is concerned. He would, of course, now be entitled to appear in the examination of the year 1982. The Board may permit to do so. 3. The writ petition succeeds and is allowed and the impugned order dated 12-12-1981 is quashed.