PRAKASH NARAIN - (1.) The petitioner a young boy. a minor, approaches this Court through his father Major D. R. Kapoor. for issue of a writ of certiorari or in the nature of certiorari, mandamus or in the nature of mandamus, or any other appropriate writ or order or direction to the respondent for quashing or setting aside the result in regard to the petitioner in paper 2 in English language and or a direction to declare the petitioner as having passed in both the English papers and awarding of a pass certificate showing that he has passed class-X examination conducted by Respondent No.1 in 1984.
(2.) The petitioner joined the Cambrian Hall School, at Dehra Dun in 1981. He was a boarder and had been residing in She school hostel. He had been well in his studies and had won several prizes and awards. In March 1984 the petitioner tuok the Indian School Certificate Examination conducted by the first respondent. Council of Indian Schools Certificate Examination at Centre No. T 353 at Dehra Dun. Throughout the examination there was no incident or allegation of use of 'unfair means' levelled against the petitioner at the sittings of any of the papers. In the end of April 1984, the petitioner received a letter dated April 26. 1984 from the Principal of Cambrian Hall School which state that a true extract of the letter from Respondent No. I was being attached. Petitioner was required to report to the school office at 9 a.m. between May 1 and May 5, 1984 to make a "signed explanatory statement in the presence of two responsible persons about this report." The extract of the letter from the first respondent referred to read as under: "I.C.S.E. March, 1984 : Subject English paper 2 Report on "Unfair Means" at Centre No.T 353 Our Examiners report suspected use of unfair means in answering English Paper 2. livolving the following candidates S. No, Name of Candidates Index No. 1. Vibhu Kapoor T 353/017 2. Vaneet Mago T 353/018 Report from the Co-Chief Examiner: Extract I have despatched two answer scripts to you. Mr. A Allahabadi the Examiner and I suspect collusion. I have sent the scripts in the envelope. I have found the answers of the two candidates to be mysteriously identical. (T 3531017 & T 3531018). Dehra Dun G. W. Mayer 18 April, 1984 Principal CAMBRIAN HALL."
(3.) The petitioner and his father went and saw the Principal of the Cambrian Hall School as directed. The petitioner was asked to give in writing whatever he wanted to say in regard to the allegation of use of 'unfair means' in English Paper 2. On his understanding of the allegation the petitioner gave a signed statement as under : "With reference to English Paper No. 2 Report OB Unfair Means at Centre No. T 353 involving me Vibhu Kappor, Index No. T 353/017 I declare that I have NOT helped Vaneet Mago Index No. T 353/018 in any way. As a matter of fact I have bardly come in contact with him as he is a day scholar and I have been a boarder. Similarly, he was also NOT helpful to me in any way. But it is possible that he may have overlooked into my paper when I was busy writing, as I am not very conscious of anyone around me when I am doing my paper. All I have to slate is that I am totally at a loss to understand how our papers arc indentical. This statement is given voluntarily in presesice of witnesses.";