K. N. Goyal, J. - (1.) IN these writ petitions a large number of students, who appeared in the High School and INtermediate Examinations held by the U. P. Board of INtermdiate Education in 1983, have challenged the withholding of their results. It has been alleged that even after the results had been passed by the Results Committee and had been sent to the newspapers for publication, the Deputy Secretary of the Board ordered withholding of the results at the last moment and directed the newspapers concerned not to publish the results. This is alleged, in most of the cases, to have been done at the instigation of the members of the Madhyamik Sikshak Sangh, and in others, on the report of the District INspector of Schools. It has been contended that the Deputy Secretary had no power to withhold the result.
(2.) ON behalf of the Board it has been contended that the allegations of mala fide are wrong, that the Deputy Secretary has power and that the results have been withheld bona fide because of suspicion of mass copying at different examination centres. We have heard the learned counsel for the parties. We have been informed by the learned Standing Counsel that in quite a number of cases the results of the candidates have subsequently been ordered by the Unfair Means Committee to be cancelled. Other cases are still pending consideration before that Committee.
(3.) WE may first take up the cases of those candidates whose results have been withheld but not yet cancelled. The question arises as to whether the Deputy Secretary had the power of withholding the results on receiving any complaint of mass copying etc.;