- (1.) HEARD learned counsel for the petitioner and learned standing counsel for the respondents.
(2.) PETITIONER appeared in the intermediate examination in the year 2002 conducted by U.P. Board of High School and Intermediate as an student of Mahabodhi Inter College, Sarnath Varanasi from examination centre S.G. Inter College, Gaurakala, Charigaon, Varanasi. Petitioner's computerised marksheet showing him passed had been sent to the college in question however through order dated 27.12.2002 issued by the Board, the marksheet was required to be sent back. The letter was written to the principle of the college. The earlier marksheet had been issued under the category 'WA'. The marksheet was directed to be returned on the ground that petitioner while attempting Physics-II paper had been caught red handed using unfair means. The allegation of the petitioner is that he was not aware of cancellation of his result and in the year 2003 he wanted intermediate certificate which was not made available to him by the clerk of the college. It is mentioned that thereafter on 10.02.2004 petitioner approached the Principal again who asked him to file application before the Board therefore on the said date he filed application to the respondent No.1, Regional Secretary, Board of High School and Intermediate Education, Regional Office, Varanasi through the Principal (paras 8 & 9 of the writ petition). Thereafter, petitioner filed writ petition in this court being Writ Petition No.5531 of 2006, which was disposed of on 30.01.2006 with liberty to file fresh representation, which was accordingly done by the petitioner. The said representation was disposed of/ dismissed on 24.03.2006 by respondent No.1, copy of which is Annexure-VII to the writ petition, which has been challenged through this writ petition. It is mentioned in the said order that petitioner's result of physics-II paper had been cancelled on the ground that he was caught red handed using unfair means. It has been stated that after getting the marksheet under 'W.A.' category, petitioner took admission in B.A. and passed I and II year of B.A. Learned counsel for the petitioner has placed reliance upon a Division Bench authority of this Court reported in Jayanti Prasad Dwivedi Vs. University of Allahabad and others, 2000 (3) U.P.L.B.E.C. 2760 holding that if result is cancelled on the ground of using unfair means notice and opportunity of hearing should be provided to the candidate.
(3.) IN the rejoinder affidavit, it has been stated that petitioner also passed B.A.-III in the year 2006. Para-15 of the writ petition is quoted below: "That, the petitioner did not adopt any unfair means in aforesaid examination and materials which were alleged to be recovered from the petitioner were not used by him and as such decision taken by the decision committee is behind the back of the petitioner does not sustainable in the eye of law." ;