- (1.) In the year 1984, respondent No. 3 herein Mahendra Pratap Yadav appeared as a private candidate in the Intermediate Examination conducted by U.P. Board of High School and Intermediate Education from Janta Inter College, Azamgarh (U.P.). When the results of Intermediate Examination of the year 1984 were declared, the result of respondent No. 3 was shown as withheld as a suspected case of using unfair means. He was issued a provisional mark-sheet without showing that his result for Intermediate Examination has been withheld. It is really surprising that such a mark-sheet was issued to the respondent No. 3 by the Principal of the College inasmuch as his result was admittedly directed to be withheld by respondent No. 1. Curiously enough, in another provisional marks-sheet which was issued on or about 1-9-1986 by the Principal of the College the word "W.B." i.e. result withheld finds place. It also stands admitted that the respondent No. 3 did not apply for nor was given any final marks-sheet nor any certificate of passing the examination. It appears that on the basis of the provisional marks-sheet respondent No. 3 took his admission in B.A. without disclosing the fact that his result has been withheld and passed the B.A. Examination as well as M.A. Examination. Subsequently, he also got employment as a Teacher in Mathura Inter College, Naharpur, Distt. Azamgarh. It appears that in the year 1993 some inquiry was made as regards the passing of the Intermediate Examination by respondent No. 3. The inquiry continued for some time and it is under such circumstances the Principal of Janata Inter College informed respondent No. 3 on 16-10-1996 that his result of Intermediate Examination of the year 1984 was cancelled.
(2.) It is at this stage respondent No. 3 filed a petition under Article 226 of the Constitution challenging cancellation of his result of Intermediate Examination of the year 1984, inter alia, on the ground ; (i) that he was not afforded any opportunity of hearing before cancellation of his Examination; (ii) that the cancellation after more than 10 years was wholly arbitrary and illegal; and (iii) that he having passed the B.A. and M.A. Examinations had secured appointment as a Teacher in the College and as such equity demands that the order cancelling the result of his Intermediate Examination of the year 1984 be set aside. A learned Single Judge of the Allahabad High Court was of the view that in the instant case if the result of respondent No. 3 herein of Intermediate Examination is allowed to be shown as cancelled his career would be ruined and since he had passed the High School Examination in First Division, B.A. Examination in Second Division and M.A. Examination in First Division and by and large his academic career is brilliant, the cancellation of his result is unreasonable. Consequently, the writ petition was allowed and order of cancellation of result of Intermediate Examination was set aside. Aggrieved, the appellant who is a colleague of respondent No. 3 and is working in the same Institution wherein respondent No. 3 is working as well as the Board of High School and Intermediate Education filed special appeals before a Division Bench of the High Court. The Division Bench summarily dismissed the appeals. It is against the said judgment and order, the appellant is in appeal before us.
(3.) The learned counsel appearing on behalf of the appellant would submit that having regard to the admitted fact that the respondent No. 3 did not pass his Intermediate Examination, he could not have been appointed and consequently the question of considering his case for promotion does not arise. The learned counsel would submit that in a case of mass copying, it may not be possible to comply with the principles of natural justice.;