H.N.Seth, J. - (1.) According to the allegations made in the petition, the petitioner Dharam Nath appeared in the High School Examination held in the year 1971, from A.S.G.R.S. Intermediate College, Basti Centre and his roll No 234070. There was suspicion of use of unfair means by him in answering English Second Paper. Accordingly, the declaration of his result was withheld. By a letter dated 28.1.1972, Principal of College informed the petitioner that he had been found guilty of using unfair means and that his examination for the year 1971 had been cancelled. In the course the petitioner filled in the form for appearing in Board's Examination for the year 1972, Principal of the College informed calls and two of the theory papers. Suddenly he received a registered letter dated March 18, 1972 from the Secretary Board of High School and Intermediate Education, U.P. informing him that he had been found guilty for having used unfair means in the Board's High School Examination for the year 1971 and therefore his examination for the year 1971 had been cancelled and he had been debarred from appearing in the Board's Examination for the year 1972.
(2.) The contention raised in the writ petition was that the respondents having the punishment, communicated to the petitioner by the letter dated 28th January, 1972, had no jurisdiction to review their order and to impose the higher punishment, subsequently communicated to him. It was also contended that there was absolutely no material before the respondents on the basis of which any conclusion that the petitioner had used unfair means in answering any question of English II paper, could be arrived at. The petitioner, therefore, prayed for an appropriate writ for quashing the order of the Board communicated to him by the letters dated March 18, 1972 and 18.1.1972.
(3.) The petition has been contested on behalf of the Board of high School and Intermediate Education respondent No. 2. According to the allegations made in the counter-affidavit, there were reports regarding the use of unfair means on a large scale in the High School Examination of 1971 at A. S. H. and G. R. S. Inter College Basti. In the circumstances, the answer books of that centre were screened by a Screening Committee appointed by the Examination Committee. The Screeding Committee reported that answer to question no. 1(numerical) of Science 1st paper of the petitioner tallied with the answer of the candidate bearing roll no. 234072 with common mistakes. The Examinations Committee (in respect of the use of unfair means in Science 1st paper) after considering the internal evidence contained in the answer books, the explanation of the petitioner and the report of the Inquiry Sub-Committee, resolved to cancel the petitioner's examination for the year 1971. Decision of the Examinations Committee, in respect of the use of unfair means by the petitioner in Science 1st paper, was duly approved by the Chairman of the Board and was forwarded to the Head of the institution vide letter dated 1st of January 1972 for being communicated to the petitioner. The head of the institution then communicated the decision to the petitioner by his letter dated 28-1-1972.;