Research › Browse › Judgment

Allahabad High Court · body

1986 DIGILAW 715 (ALL)

Sunil Kumar v. Board of High School and Intermediate

1986-09-17

K.P.SINGH, R.M.SAHAI

body1986
JUDGMENT R.M. Sahai and K.P. Singh, JJ. - Result of Intermediate Examination of 1984-85 of petitioner was cancelled as he was charged having used unfair means in answering question No. 5(A) of English 2nd Paper. It was alleged that the answers given by the petitioner were similar to the answers given by candidate bearing Roll No. 626781. In order to verify if the finding recorded by the examination committee is well founded learned Standing Counsel was directed to produce answer books of that two candidates. They have been perused by us. Although it is claimed that the order cancelling result has been passed without affording any opportunity but that appears to be incorrect as on 10-9-1985 the petitioner submitted his explanation to the charge-sheet given by the opposite-parties. But from the answer books it appears than even though there is similarity in some of the words used by the two candidates yet there are certain vital differences which lead us to believe that the finding recorded by the examination committee was based on mere suspicion. 2. In the result, we allow this petition and quash the letter dated 2-12-1985 of the Board conveyed to the petitioner by letter of the principal dated 5-2-1986. Parties shall bear their own costs.