Markandey Katju, J. - (1.) WRIT petition No. 11592 of 1991 as well as connected writ petition Nos. 11593 of 1991, 15391 of 1991, 15386 of 1991, 15385 of 1991 and 19532 of 1991 are being disposed of by a common judgment as the facts are similar. The petitioner appeared as a regular candidate for the High School Examination of 1989 -90 which was conducted in April, 1990 from the Intermediate College, Sri Dau Sarai Dhanauti district Mathura. For this purpose the applicant had filled in the form as a regular candidate and his application had been forwarded by the Institution to the Board after completing the formalities. The petitioner's result was declared in the news paper 'Amar Ujala' dated 12 -6 -90 in which the petitioner was declared successful . Subsequently the Regional Secretary of the Board, issued a notice to the petitioner on 5 -9 -90 fixing 23 -9 -90 for an enquiry. A declared successful. Subsequently that no clear charge has been levelled against the petitioner and he has only been asked to appear in an enquiry. The said letter does not disclose what is the precise allegation against the petitioner. The petitioner states that he complied with the requirements made in the letter dated 5 -9 -90 on 27 -3 -91 he received a letter from Principal of the college dated 2 -3 -91 intimating him that his result has been cancelled A true copy of the said letter is Annexure 3 to the writ petition. A perusal of this letter shows that the Regional Secretary of the Board has written to the Principal of the college that out of 843 candidates who appeared in 1990 High School Examination, the result of 833 candidates had been cancelled and thus the result of only 70 candidates was declared. The said (sic) dated 2 -3 -91 does not give any reasons. The petitioner has alleged in para. 14 of the writ petition that he was not given reasonable opportunity of hearing and in para. 19 he has alleged that similarly situated students have been declared passed and thus there is discrimination against him.
(2.) A counter -affidavit has been filed on behalf of the Board. The stand taken in the counter -affidavit is that the petitioner and the other students where results were cancelled were not bona fide and regular students of the institution as they had not put in the requisite 75% attendance. Hence they could not be allowed to appear in the examination as regular candidates. It may be seen that there is no allegation in the counter -affidavit that the petitioner used unfair means in the examination. The only allegation is that he did not put in requisite attendance. I have heard the counsel for the petitioner and standing counsel for the respondents and I am of the opinion that the writ petition deserves to be allowed. The petitioner's result has not been cancelled on allegation of use of unfair means. As regard the allegation that the petitioner did not complete the requisite attendance, in my opinion, the respondent No. 1 is estopped from taking such a stand. It may be seen that the petitioner had appeared in the High School Examination in April, 1990 whereas the letter of the Board was issued in March, 1991 i.e. after one year from the examination. If the respondent No. 1 wanted to cancel the examination or take any action in the matter it should have acted promptly. To cancel an examination one year after it is held on the ground of shortage of attendance is, in my opinion, arbitrary and the respondent No. 1 is estopped from doing so, as it will result in loss of one year of the valuable life of a student. It is well known that the Principal has to send forms of the candidates for the ensuing High School Examination about six months in advance i.e., the form must be sent by September for the examination to be held in March next year. Thus this six months period is sufficient for the Board to make any enquiry it thinks fit, and the Board cannot steep over the matter and cancel the result one year after the examination is held. In the result the petition succeeds and allowed. The impugned order dated 2 -3 -91 (Annexure 3 to the petition) is quashed and the respondent No. 1 is directed to declare the result of the candidates who appeared in High School Examination, 1990 from Intermediate College Sri Dau Sarai Dhanauti, district Mathura within one month of production of a certified copy of this order. There shall be no order as to costs.;