JUDGMENT P.P. Gupta, J. - The petitioner Ramesh Chandra Maurya appeared in the High School Examination in the year 1981 conducted by the Secretary, Board of High School and Intermediate Examination, Allahabad, respondent No 2. His result was withheld allegedly for using unfair means. A show-cause notice was served upon him asking him to appear on 18th October, 1981 before the enquiry Committee. In pursuance of the said notice, the petitioner appeared where he was given prescribed from stating therein that there is suspicion regarding one question carrying total marks in Chemistry Numerical Paper which was alleged to have been solved by the petitioner by adopting unfair means. The petitioner denied the charge and asserted that he had solved the question of his own and was rightly awarded marks After conclusion of the said enquiry, neither any information was given to the petitioner nor to respondent Nos. 3 and 4. The petitioner was given marks sheet of the High School Examination wherein there was no reference about the result of the enquiry. A copy of the High School marks sheet is Annexure 2 to the writ petition. The respondents No. 5 and 4 were satisfied that the petitioner had been exonerated in the enquiry by the Examination Committee and, therefore, the petitioner was admitted as a regular student in XI class by respondent No. 3. He passed XIth class from Vibhuti Narayan Rajkeeya Inter College in the year 1981-82. Thereafter, he was allowed to appear in the Intermediate final examination by respondent No. 2 in the year 1983. He passed the said examination. A photostat copy of the marks sheet is Annexure 3 to the writ petition. After passing the Intermediate Examination, the petitioner applied for transfer Certificate which he was given on 21-7-1985 (Annexure 4 to the writ petition). On the basis of the Transfer Certificate issued by respondent No. 3, the petitioner joined B. A. Part I in the Kaahi Naresh Mahavidyalaya, Gyanpur, Varanasi affiliated to the Gorakhpur University in the year 1983-84. He, however, failed in the examination but passed the B. A. Part I Examination next year. Subsequently he passed B. A. Final Examination in the year i966. Annexure No. 5 is the copy of the marks sheet and Annexure No 6 is the copy of B. A. Degree. Subsequently no got admission. He, however, failed in the examination but passed the B. A. Part I Examination next year. Subsequently he passed B. A. Final Examination in the year i966. Annexure No. 5 is the copy of the marks sheet and Annexure No 6 is the copy of B. A. Degree. Subsequently no got admission. In M. A. (History) and passed M. A. Final Examination in the year 1980. Copies of marks in his M. A. (Previous) and M. A. (Final) Examination are Annexures No. 7 and 8. He again got admission in LL.B. Part I in C M.P. Degree College, Allahabad where he is pursuing his studies. 2. The petitioner was given the certificate of Intermediate Examination by respondent No. 2 but the High School Certificate was not given to him The petitioner on the advice of respondent No. 3 made an enquiry in the office of respondent No. 2 where he was informed that his High School examination of the year 1981 had been cancelled. A copy of the order dated 4th January, 1981 passed by respondent No. 2 is Annexure No. 10 to the writ petition. Feeling aggrieved from this order, the petitioner has filed the present writ petition. 3. Despite time having been granted to the respondents on several occasions, no counter-affidavit has been filed so far. Therefore, with the consent of the parties, the writ petition was finally heard at the stage of admission. 4. It appears that the petitioner appeared in the High School Examination in the year 1981 conducted by the U P. High School and Intermediate Board. His result was, however, not declared by respondent No. 2. Subsequently, the petitioner was served with a notice informing that his result had been withheld because of suspicion regarding the petitioner having used unfair means in the Chemistry Numerical paper. In compliance with the said notice, he appeared before the Examination Committee on 16th October, 1981 where he was given a form stating that there was a suspension regarding one question carrying marks in the Chemistry Numerical paper. The petitioner dead it and satisfied the Committee that he had solved this question of his own. The Examination Committee seemed to be satisfied but no formal communication of the result of the enquiry was communicated either to the petitioner or to the respondents Nos. 3 and 4. The petitioner dead it and satisfied the Committee that he had solved this question of his own. The Examination Committee seemed to be satisfied but no formal communication of the result of the enquiry was communicated either to the petitioner or to the respondents Nos. 3 and 4. After the inquiry the petitioner was given copy of mark-sheet of his High School Examination which is Annexure-2 to the writ petition. In the marks sheet of High School Examination supplied to the petitioner by respondent No. 2, there was no reference to the result of the enquiry. This clearly shows that the marks sheet was supplied to the petitioner after the Examination Committee was satisfied that no unfair means had been adopted by the petitioner. Subsequent thereto, the petitioner continued his studies further and appeared in the Intermediate Examination also. He passed this examination and was given certificate by the respondent No. 2 which is Annexure No. 9 to the writ petition. This certificate would not have been issued to the petitioner had his result of High School Examination conducted in the year 1981 been cancelled. This action shows that the petitioner cleared off the doubt of having used unfair means in solving the question carrying marks Chemistry Numerical paper. The petitioner after obtaining Transfer Certificate, further pursued his studies in other college in B. A., M. A. and is presently continued his studies in LL. B Part I in Allahabad University. When the petitioner was not issued High School Certificate, be on the advice of respondent No. 3, approached the office of respondent No. 2 where he was told that his High School Examination had been cancelled. The set of respondent No. 2 in cancelling High School Examination of the petitioner conducted in the year 1981 shows arbitrariness on the part of respondent No. 2. As has been said above, the petitioner was issued copy of marks sheet of his High School Examination after the conduct of an enquiry by the Examination Committee. He was shown to have passed the High School Examination in IInd Division. Subsequently, the petitioner was permitted to appear in the Intermediate Examination by respondent No. 3. His Certificate of Intermediate Examination was also issued to him. He was shown to have passed the High School Examination in IInd Division. Subsequently, the petitioner was permitted to appear in the Intermediate Examination by respondent No. 3. His Certificate of Intermediate Examination was also issued to him. After having permitted the petitioner to appear in the Intermediate Examination, it was not open to the respondent No. 2 to cancel the result of the petitioner and that too after a laps of more than 10 years. It is also noteworthy that neither the petitioner nor the respondents No. 3 and 4 were ever informed of the result of the enquiry conducted by the Examination Committee before whom the petitioner appeared on 18th October, 1981. There was a long silence on the part of respondent No. 2 with the result that the petitioner pursued his further studies and was also granted certificate of having passed his Intermediate Examination by the respondent No. 2. In these circumstances, the respondent No. 2 is now estopped from saying that the result of the petitioner of his High School Examination conducted in the year 1981 stands cancelled due to his having used unfair means in answering & question carrying 2 marks in Chemistry Numerical Paper. Therefore, the impugned order dated 4tb January, 1991 passed by respondent No. 1 cannot be sustained. 5. In view of the above discussion, the writ petition is allowed and the impugned order dated 4th January, 1991 (Annexure No. 10 to the writ petition) is hereby quashed. The respondent No. 1 is directed to give High School Certificate to the petitioner for High School Examination conducted in the year 1981 within a month from the date a certified copy of the order is produced before him. In the circumstances no order as to cost is made.