N.L. Ganguly, J. - (1.) The petitioners appeared as regular student in the Intermediate Examination of 1987-88 from I.K.M. Inter College, Allahabad. Their results have been cancelled by the Board on the ground that they used unfair means in answering the replies to the question papers. Charge-sheets were served to the petitioners and they submitted their replies. The Standing Counsel was directed to produce answer books of the petitioners and those answer books which were allege to have been tallying with the petitioners answer books. The Standing Counsel produced the answer books. I examined the answer books with the assistance of the learned Standing Counsel for the petitioners. The Board appears to have cancelled the result of the petitioner on the ground that the petitioners used in giving reply. They have pointed out encircled in the answer three words in reply to the question No. 4 which are correct words that has been used by all the four petitioners. The inference drawn by the respondent expert committee was that since the same words has been used by all the petitioners, they must have used unfair means in giving replies. The Board respondent committed a main fast error in presuming that the similarities incorrect words raises such inference, it is the incorrect similarities which raise such a presumption. After examination each of the answer books of the petitioners and the other answer books out of which the similarities have been inferred, I am of the opinion that the Board has committed a manifest error in inferring that the petitioners were guilty of using unfair means in giving replies. The Standing Counsel is not able to produce any reasoned order or any material of the expert body who passed orders for cancellation of the results. It appears that the respondent passed the order mechanically without applying mind to the real issues. Such an order cannot be allowed to stand and the order impugned cancelling the result of the petitioners are quashed. The respondent is directed to declare the result of the petitioners within two weeks from the date of filing of certified copy of this order. The writ petition is, accordingly, allowed. No order as to costs.
(2.) A certified copy of this order be given to the counsel for the parties on payment of usual charges within a week. Petition accordingly decided.;