Yogendra Kumar v. Director of Education, U. P. , Lucknow
1988-03-10
A.N.VARMA, M.M.LAL
body1988
DigiLaw.ai
JUDGMENT A.N. Varma and M.M. Lal, JJ. - We have heard the learned counsel for the petitioner as well as the learned Standing Counsel who has produced before us the record pertaining to the petitioner's case. 2. We take up the case of first two petitioners. Their results have been cancelled on the ground of use of unfair means in the English paper. The allegation was that in attempting question No. 5(A) which was in regard to translation of a piece of Hindi into English, the mistakes committed by them and some other candidates were significantly common. 3. On an examination of the answer books of the petitioners and of the others, we are clearly of the opinion that the mistakes which have been pointed out though common are not indicative of any copying or use of unfair means. The mistakes pointed out are : (1) `Larger number of people were coming to meet Mahatama Gandhi.' (2) `With both his hands.' These mistakes may well be the result of the poverty of language rather than use of unfair means. They are by no means of striking as to lead inevitably to the conclusion that the petitioners copied from some others. 4. The cancellation of their results was, hence, clearly unsustainable. 5. The case of the third petitioner is, however, distinguishable. His examination has been cancelled on the ground that the mistakes committed by him in regard to the translation of a passage of Hindi into Sanskrit were identical with those of another candidate. 6. We have examined the answer books of both the candidates and have no manner of doubt that the decision given by the Unfair means Committee is clearly right and calls for no interference. Their answers are, word for word, identical and cannot but be the product of use of some unfair means. 7. For the reasons stated above, the petition succeeds in part. The petition of the first two petitioners succeeds and is allowed. The cancellation of their results is quashed. The petition filed by the third petition, however, fails and is dismissed. The impugned order passed in his case is affirmed. The respondent Board shall now issue fresh mark-sheets to the first two petitioners within three weeks of the date on which a certified copy of this order is filed before the Secretary of the Board.