JUDGMENT V. K. Mehrotra, Actg. C. J.—We have heard the learned Counsel and also considered the averments made in the petition and the reply filed on behalf of the respondent. 2 As directed by us earlier, the respondent has produced before us the original answer books, the piece of paper which is alleged to have been found with the petitioner as also the proceedings of the Standing Committee which took its decision in the matter of the petitioner on February 18, 1988. 3. Under Rule 7 (as quoted in paragraph 15 of the reply filed by the respondent-Board), if a candidate is found having in his possession, paper, books, notes which can be made use of on the day of examination, the penalty of cancellation of that particular paper can be imposed. 4. The stand that the petitioner had taken, in the proceedings against him was that the particular piece of paper attributed to him was not in his hand, as alleged, but was lying near his foot The members of the Flying Squad and the Centre Superintendent, stated that this piece of paper was found in hand of the petitioner. We find from the decision recorded by the Standing Committee that the Committee has not come to any conclusion whatsoever on the question whether the particular piece of paper was found in the hand of the petitioner, as alleged, or was found lying near his foot. We are of opinion, that the absence of a positive finding that the candidate was found in possession of the particular piece of paper, disentitles the Standing Committee from taking any action on the assumption that the piece of paper was found in the possession of the candidate. 5. In the instant case, the original record produced before us discloses that decision was recorded by the Standing Committee on a cyclostyled form in which certain material/documents which were considered, have been tick marked. Thereafter, it has been said that "after careful consideration of all the material available before the Standing Committee dealing with Use of Unfair means, it finds Shri Puran Chand guilty under Regulation-7 of Chapter IX (II) (A) on Use of Unfair means of the H. P. Board of School Education Regulations as amended and revised by the Board on 10-11-1978", followed by the penalty imposed, namely, "particular paper cancelled i.e. English". 6. 6. It has been urged by the learned Advocate General that in a case like the present, the aforesaid procedure should be construed as due compliance of law in the matter of recording by the Standing Committee of a conclusion about a candidate being found in possession of incriminating material. 7. We are unable to agree. All that the Standing Committee would be deemed to have done in law would be recording by it of the fact of consideration of certain documents/material and, thereafter, recording of its conclusion to the effect that the candidate was found guilty of having used unfair means. 8. As observed by us earlier, the Standing Committee could not proceed to inflict the penalty unless it records a positive conclusion in terms of the rule which is said to have been infringed. In the instant case, as mentioned above, only a candidate who is found having in his possession, papers, books, notes which can be made use of on the date of examination, can be penalised by cancellation of the particular paper. A finding is, therefore, of necessity, to be recorded by the Standing Committee that the candidate was found to be in possession of that material. In the absence of a finding to that effect, the action taken against the petitioner by the Committee cannot be up-held. 9. In sum, we allow the petition. The decision of the Committee dated February 18, 1988 is quashed. 10. Since the answer book of the petitioner in English was not examined on account of the order passed by the Standing Committee, which we have found to be illegal and unsustainable, we direct the respondent-Board to examine the petitioners original answer book in English, in which be had originally answered the questions, within three weeks from today, and declare his result accordingly. 11. The writ petition shall stand allowed in the aforesaid terms but we leave the parties to bear their own costs. Petition allowed.