M.P.Kenia, J. - (1.) By this petition the petitioner has sought quashing of an order passed on the 24th of September, 1990 cancelling the results of the petitioner's examination of High School and Intermediate passed by him in the years 1987 and 1989 respectively on the ground of alleged concealment of facts on his part at the time of appearing at the High School Examination of 1987.
(2.) The brief facts leading upto the present petitioner may briefly be stated. The petitioner first got himself enrolled for the academic year 1986-87 as a regular student of Mangala Prasad Inter College, Rampur, Allahabad, and on account of certain circumstances, which are set cut in the petition (alleged enmity between the petitioner's father and some employees of the institution), the petitioner discontinued bis regular studies and obtained transfer certificate from the said institution and got himself enrolled as a private candidate from G.H.S. College, Tandiyawa, district Hardoi for the High School Examination for the year 1987. It appears that the forms for these these examination are filled in year early with the result that, on the one hand, the petitioner's form as a regular candidate was forwarded from the institution at Allahabad, where the discontinued his studies, as far back as in August, 1986. The second form for the same examination,, as private candidate, from the institution in the district of Hardoi, was also sent. The petitioner appeared as a private candidate at the High School Examination of the respondent-Board in the year 1987 and passed in the Second Division. Thereafter he duly appeared as tegular student for the Intermediate Examination of the Board held in 1989 and again passed at the said examination after which ho has obtained admission as an under-graduate in a College in Mirzapur, where he has been prosecuting his studies. As late as on the 24th of September, 1990, the respondents have issued an order cancelling his result for the year 1987 of the High School Examination and the Intermediate Examination of the year 1989 and directing him to return the statements of marks issued to him by the Board showing the marks obtained by him at the aforesaid examinations and also the certificate having passed the aforesaid two examinations for the same to be cancelled.
(3.) Learned Standing Counsel, appearing on behalf of the respondents, invited attention to the results of the Board, an extract whereof has been reproduced as Annexure-1 to the counter-affidavit, particularly, Regulation 10 Clause (5) sub-clause (2-a) of Chapter XII of the Rules and Regulations framed by the Madhyamio Shiksha Parishad Uttar Pradesh. The rule, in substances, provides that if a student has sought admission as a regular student prior to 30th of July of the previous calender year, he can, thereafter not gain eligibility for the same examination as a private candidate. The learned Standing Counsel argued that his form having been duly received as a regular candidate from the institution at Allahabad for the same academic year for the same examination, the petitioner would not be eligible to appear as private candidate for the same examination in the same academic year by reasons of the provisions of the aforesaid sub-clause. Mr. S.P. Singh, on the other hand, pointed out that in the exception that follows one finds the third exception providing that if a regular student is, on account either of illness or some financial circumstance, or circumstances such a death or otherwise, or certain other unforeseen circumstances, is not able to continue his study as a student from the institution from Which he has been registered as regular student, he will fall within the exception of the provisions holding him ineligible to appear as private candidate would not apply. I am inclined to accept the submission made on be held the learned counsel for the petitioner. There is no gain saying the fact that the petitioner had to ids-ido continue his studies at the institution at Allahabad, due to circumstances which could not have been foreseen. He has acted altogether bona fide. He first obtained a transfer certificate, got himself enrolled as private candidate and appeared in the examination and, passed the High School Examination in 1987 in Second Division. He cannot be said to have been guilty of having resorted to unfair means. There is no such allegation against him. There can be no suppression of fact from the Board, if any, appears that the copy of the transfer certificate was annexed to his application for gaining admission as a private candidate, which fact it was pointed out by the learned advocated for the petitioner, has not been denied by the respondents. In these circumstances, there does not appear any transgression of the rales relied by the respondents and the case is covered by the third exception of the rules In view of which the prohibition in the rule with regard to the eligibility as candidate is not applicable to the case of the petitioner. What is more important to note is that three years have passed, the student has duly passed at the High School and Intermediate Examination and has been prosecuting his studies of B. A. from G.D. Vinnaui Degree College, Mirzapur and appeared in the B.A. Put I. By the order dated 24th of September, 1990, the decision of the respondents cancelling his results of the High School and Intermediate Examinations of the years 1987, was communicated. If this order, impugned in the petition, is allowed to stand, it would, in substance, affect the regular career of the petitioner on account of a technicality Which, in the view of this court, is cot even applicable to the facts of this case. In the circumstances there seems to be no justification for the passing of the impugned in the petition.;