Kuldip Singh, J. - (1.) Special leave granted.
(2.) Vineeta Mahajan, respondent in this appeal, appeared in Class XII examination conducted by the Central Board of Secondary Education, Delhi, in the month of March, 1993. She sat for the Political Science paper on March 16, 1993 in the said examination. During the course of examination, the invigilator found the respondent in possession of written-material in the shape of three small pieces of paper kept in the pencil box. The matter was reported to the Central Superintendent. Proceedings in respect of the charge "for using unfair means at the examination" were initiated by the Result Committee of the Board. The respondent was examined by the said Committee on July 19, 1993. She admitted having kept the said papers in the pencil box but she stated that she had not used the same while answering the question paper. According to her she arrived at the examination hall late due to car puncture on the way and, as such, was utterly confused and panicky and in that mental state she forgot to take-out the papers from the pencil-box before entering the examination hall. The Deputy Superintendent of the Examination Centre stated before the Committee that she had given the usual warning in the examination hall about the possession of undesirable material by the examinees. When questioned by the Deputy Superintendent the respondent answered that she was too tense to hear the warning. The Committee found the respondent guilty of using unfair means at the Examination and as a punishment her examination for the year 1993 was cancelled.She challenged the said order by way of a writ petition before the Delhi High Court. The High Court allowed the writ petition and quashed the punishment awarded to the respondent. This appeal by way of special leave is against the judgment of the High Court.
(3.) Rule 36.1 (iv)(a) of the Rules (sic) (the rules) for unfair means cases framed by the Board which is relevant for our purposes is reproduced hereunder:- "36.1 (iv)(a) If during the course of examination, any candidate is found indulging in any of the following, he shall be deemed to have used unfair means at the examinations: (a) having in possession papers, books, notes or any other material or information relevant to the examination in the paper concerned." ;