Yashoda Nandan, J. - (1.) The petitioner appeared as a private candidate at the High School Examination in the year 1979 conducted by the Board of High School and Intermediate Education, U.P. Allahabad. He made an application in the prescribed form tor admission to the examination through the Superintendent of Examination of Janta Uchchatar Madhyamik Vikhalaya, Puraini Persia, Deoria, respondent no. 1. The Board accepted his application - from and be was allotted Shahid Madhuban Karamad Inter College, Khoribari, Deoria as the centre from which be had to appear for his examination. It is alleged that since the petitioner is mother was will, suffering from Cancer, and it was difficult for him for making arrangements of boarding and lodging at Khoribari he applied for change of centre of examination to Gautam Inter College, Pipra Ramdhar, Deoria which is at a distance of only about one kilometre from his village. The petitioner alleged that his application for transfer was allowed and be received an intimation to that effect under the signatures of some official signing on behalf of the Secretary of the Board bearing the seal of its branch office situate at Sarnath. The Principal of Janta Uchchtar Madhyamik Vikhalaya Puraini Persia, Deoria the Superintendent of of that centre was also informed about the order of respondent no. 2 making alteration in the centre allotted to him. The petitioner appeared at the examination from Gautam inter College, Pipra Ramdhar, Deoria. The result of his examination was, however, not declared. On the 27th October, 1979, he received a notice from respondent no. 1 requiring him to show cause as to why action be not taken against him for having appeared at the High School Examination from a centre different from the one allotted to him by employing fraudulent means. The petitioner submitted a written explanation claiming that he had appeared from Gautam Intermediate College, Pipra Ramdhar Deoria as an examinee on the basis of an order received by him from the office of the Board. The respondents were not satisfied with the explanation offered by the petitioner and cancelled his examination for the year 1979 by means of an order dated 29th February, 1980. The petitioner challenges the legality of the action taken against him.
(2.) Learned counsel appearing for the petitioner has produced before us the original order purporting to be signed by some official of the Board for the Secretary of the Board. It bears the rubber stamp seal of the branch oft ice of the Board at Sarnath. There was no allegation against the petitioner that as a consequence of the permission given for appearing at the examination from the changed centre he had used unfair means at the examination.
(3.) No counter-affidavit has been filed and at -this stage a request was made for time to file a counter-affidavit. We decline to accord permission. On identical facts numerous writ petitions have been allowed by this Court. In our opinion the impugned order dated 29-2-80 cancelling the petitioners examination for the year 1979 is without jurisdiction.;