- (1.) THIS is a petition under Arti cle 226 of the Constitution of India asking for an appropriate writ, order or direction to quash the show cause notice (Annexure 7) issued by the Secretary, Board of High School and Intermediate Education (U. P.) and restrain the Board from cancelling the result of the petitioner's Intermediate Examination 1970; also mandamus has been sought for directing the Board and the Principal of the J. P. Intermediate College, Lakhimpur Kheri to issue the petitioner's High School Examina tion Certificate.
(2.) THE Board of High School and In termediate Education established by the Inter mediate Education Act, 1921 (to be herein after referred to as the Act) is, inter alia, conferred power to conduct examinations at the end of the High School and Interme diate course, to publish the results of its examination and admit candidates to its ex aminations. The petitioner appeared as a regular candidate in the year 1968 in the High School Examination through J. P. In termediate College; he had to appear at the Supplementary examination in mathematics which was held in July/August 1968. In the Navjeewan dated 19th August, 1968 which was given the exclusive right to publish the results by the Board, the petitioner's name was published as a successful candidate in the Supplementary examination. No result or mark sheet was issued to the petitioner in respect of the supplementary examination by the Board or by the Principal of the college. He took admission in the same college for study of intermediate course and passed the Intermediate Examination as a regular candi date in the year 1970. The Board allowed him to appear at the Intermediate Examina tion because the Principal of the College had furnished the certificate that the petitioner had been admitted to the institution in accord ance with the rules of the Education Code and the Regulations of the Board. After passing Intermediate Examination the peti tioner took his admission in B. A. Part I in the Dayanand Brijendra Swarup College, Kanpur, where he was enrolled as a regular student of the Kanpur University. He sub mitted the transfer certificate granted to him by respondent No. 2. He passed his B. A. Part I examination from the Kanpur Uni versity in the year 1971 where after he dis continued his studies. He joined the Basic Training Teachers course where he was re quired to submit a true copy of the High School Examination certificate, which he failed to obtain from the Principal as also from the Board and instead the Secretary Board of High School and Intermediate Education served upon him the notice dated 5th October, 1971 (Annexure 7) to show cause why his Intermediate Examination should not be cancelled and action be not taken against him for taking undue admis sion for the Intermediate course. It is this notice that is now impugned by the petitioner. The Board and the Principal of the J. P. Intermediate College have filed separate counter-affidavit, justifying the impugned action. The Principal, Rameshwar Prasad Verma, says that the petitioner got himself admitted in the IIth class with the help of Chhail Behari Misra, a lecturer in the Col lege, who happened to be his relation con cealing that he had failed at the supple mentary examination, that the records of the college were tampered with and manipulat ed by the petitioner, on the basis of which he obtained the transfer certificate and that his subsequent appearance in the Inter mediate Examination was a part of the fraudulent scheme adopted by the petitioner. These averments for want of particulars re mained unsubstantiated and at this stage it may be mentioned that there is not an iota of evidence on record to demonstrate that the petitioner was guilty of any fraud, mis representation, suppression of facts or lack of bona fide.
(3.) IN the counter-affidavit sworn by the respondent No. 1 it has been contended that the petitioner did not pass the High School Supplementary Examination of 1968, although the Navjeewan had shown him as having passed. It was admitted that the peti tioner was admitted to the Intermediate Ex amination because the Principal, Sri Verma had certified that the petitioner had compli ed with the rules of the Education Code and the Regulations of the Board. Haying not passed the High School Examination, the Board maintains that the petitioner could not be eligible to appear at the Intermediate Ex amination and the Board was, therefore, justi fied in cancelling the result of the Inter mediate Examination.;