JUDGEMENT
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(1.)In this writ application, under Article 226 of the Constitution of India, the petitioner has challenged the action of the Assam Higher Secondary Education Council in withholding his results of the Higher Secondary (Science) Examination 1994 and has prayed for a direction on the respondents to declare his results.
(2.)The brief facts as stated in the writ petition are that the petitioner took the Higher Secondary (Science) Examination, 1994 in March, 1994. Thereafter the results of the examination were declared in the month of May, 1994 but the petitioner's results were not declared. On the request of the petitioner, the Principal of the Lumding College of which the petitioner is a student wrote to the Secretary of the Higher Secondary Education Council, Assam by a Memo dated 31.8.94 and requested him to declare the results of the petitioner or to intimate the cause for withholding his results. Simultaneously, the petitioner also submitted a representation dated 9.9.94 before the Secretary, Assam Higher Secondary Education Council requesting him to inform him the cause of withholding his result. As there was inordinate delay on the part of the Assam Higher Secondary Education Council in declaring the petitioner's results or disclosing the reasons for withholding his results, the petitioner had no alternative remedy but to move this Court for expeditiously relief on the ground that the action of the Assam Higher Secondary Education Council is arbitrary and violative off Article 14 of the Constitution of India.
(3.)On behalf of the respondents No. 1, 2 and 3 a common affidavit-in-opposition has been filed by the Controller of Examination, Assam Higher Secondary Education Council in which he has stated that one Miss Nilu Paul, Lecturer and Head of the Department of Zoology, Lumding College addressed a confidential letter dated 10th May, 1994 to him stating that she was the invigilator on duty for the examination on the day in the room in which the petitioner was sitting for the examination and that the petitioner was copying from his fellow examinee and during the last minute of Examination he was found copying from a written manuscript and that she being a lady teacher it was not possible on her part to search the petitioner physically. On receiving the said complaint of the invigilator it was decided to place the matter before the Enquiry Committee and the petitioner was summoned to give a statement on the said complaint and the petitioner gave his written statement on 11.7.94. Thereafter one Shri S.K. Misra, Lecturer in English, Lumding College, Lumding, who was a co-invigilator, confirmed the allegation of Miss Nilu Paul by a letter dated 24.8.94 to the Controller of Examination, Assam Higher Secondary Council. It is further stated in the affidavit-in-opposition that the entire matter has been placed before the Unfair Means Scrutiny Committee constituted by the Council and until the matter is examined by the said Committee and finally decided, under the Regulations for Conduct of Higher Secondary Examination framed under the Assam Higher Secondary Education Act 1984. the Council has the power to withold the result of the petitioner.
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