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Allahabad High Court · body

1989 DIGILAW 346 (ALL)

Vivek Kumar Sharma v. Principal, Muslim Qudrat Inter College

1989-04-15

K.P.SINGH, OM PRAKASH

body1989
JUDGMENT K.P. Singh, J. - The petitioner was a student of Class XII in Muslim Qudrat Inter College, Seokara, Bijnor, and has taken the examination science group of Board of High School and Intermediate Education in academic session 1986-87. His result has been cancelled through the communication dated 17-2-1988, contained in Annexure "3" to the writ petition. After receiving the communication, the petitioner has approached this court under Article 226 of the Constitution and has prayed for the following reliefs : (a) for quashing the impugned order dated 17-2-1988 ; and (b) any other suitable order or direction. 2. The only charge against the petitioner is that in-solving question No. 1 (Kha) he has not done the calculation. The explanation given by the petitioner is to the effect that the petitioner had read that question in the morning of the examination day and had given answer thinking that if time was left, the petitioner would do the necessary calculation. The answer book of the petitioner has been produced before us. We had that the explanation given by the petitioner cannot be termed as unreasonable and the inference drawn by the authorities concerned, appears (o us is based on suspicion. It is well known by now that only on suspicion no inference of using unfair means should be drawn against a candidate. 3. It has also been brought to our notice that the authorities concerned have given benefit of doubt to many students in such circumstances. Therefore, we think that the petitioner is entitled to declaration of his result and cancellation of the communication dated 17-2-1988, contained in Annexure "3" to the writ petition. The order dated 9-2-1988 mentioned the communication should also be quashed. 4. On the facts and circumstances of the case, we think that the writ petition deserves to be allowed, which is, accordingly, allowed and Annexure ``3" attached to the writ petition is hereby quashed. The order dated 9-2-1988 mentioned in the communication is also quashed. The authorities are directed to re-declare the result of the petitioner bearing a Roll No. 123505 and issued the marks-sheet accordingly in the light of the observations made above. There will be no order as to costs. 5. Let a copy of this order be given to be the learned Counsel for the petitioner, on payment of usual Charges, within two days. There will be no order as to costs. 5. Let a copy of this order be given to be the learned Counsel for the petitioner, on payment of usual Charges, within two days. Om Prakash, J. - I fully agree with my learned brother in so tar as the quashing of the order, Annexure "3" to the writ petition, and issue of mandamus directing the respondents to declare the result of the petitioner is concerned, but for different reasons being hereinafter. 7. The petitioner was called upon by means of a charge-sheet to explain as to how he answered question me. l(kha) of Chemistry paper without doing the requisite working on the answer book. The petitioner explained that he had read the answer of the aforesaid question a little before taking up the examination and, he, therefore remembered the answer by heart. Such explanation of the petitioner has not been rejected by giving reasons, such loss the cogent reasons. The state of affairs exerging from the record is not happy one. The explanation of the student must have been considered install and if that deserves to be rejected, them cogent reasons should have been given therefore. No doubt some working is necessary in chemistry paper to answer the question, but them the question is whether the explanation furnished by the petitioner is worth accepting and whether the possibility of answering the question without giving the requisition working is to be wholly ruled out. There is nothing on the record to show that the possibility of answering the question without giving the necessary working has to be ruled out. 8. For the reasons, 1 agree with my learned brother tor quashing the order (Annexure "3" to the writ petition) and for issuing a mandamus directing the respondents to declare the result of the petitioner. By the Court. - The writ petition is allowed; the order (Annexure II to the writ petition) is quashed and the respondents are directed to declare the result of the petitioner bearing roll No. 123505 and issue his mark-sheet.