CHATRA PAL Vs. SECRETARY, MADHYAMIK SHIKSHA PARISHAD, U. P. ALLAHABAD
LAWS(ALL)-1991-1-176
HIGH COURT OF ALLAHABAD
Decided on January 19,1991

Chatra Pal Appellant
VERSUS
Secretary, Madhyamik Shiksha Parishad, U. P. Allahabad Respondents

JUDGEMENT

R.A.Sharma, J. - (1.) Petitioner's High School Examination, 1983 was cancelled by the Board of High School & Intermediate Education, U. P. on the ground of unfair means. This order has been challenged by means of this writ petition. In this connection it may be mentioned that before cancelling the examination of the petitioner, Board issued a provisional mark sheet, a copy of which has been filed as annexure 1 to the writ petition in which the petitioner has been shown to have passed in II division. It is averred by the petitioner in the.rejoinder affidavit that on the basis of the provisional mark-sheet he was admitted in Intermediate Examination, which he passed in the year 1990 and thereafter he has also passed the entrance examination of B.A. Part I of Rohilkhand University and at present is a student of B.A. Part I of the aforesaid University.
(2.) Learned Standing counsel has produced the original record before me and from its perusal it does not necessarily follow that the petitioner is guilty of copying, although there are good grounds for creating suspicion. Be that as it may, in view of the fact that the petitioner has passed. Intermediate Examination and is at present studying in B. A. Part I, it is not necessary to go into controversies raised in the writ petition inasmuch as if the writ petition is dismissed, the petitioner would suffer irreparable loss of the time, labour and money spent by him in pursuing the study of Intermediate.
(3.) Due to the lapse of time, the circumstances have completely changed and in my opinion this writ petition should be allowed and the order of cancellation of the Examination of High School of the year 1988 of the petitioner is quashed. The respondent is directed to declare the result of the petitioner forthwith.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.