Sudhir Narain, J. - (1.) This writ petition is directed against the order of the Board of High School and Intermediate Education, cancelling the result of the petitioner of High School Examination 1988. The notice was issued to the respondent. The learned Standing Counsel has produced the relevant record. The petitioner was allotted Roll No. 341438 There were two charges against the petitioner : (1) He while answering question No. 3 (a) of English IInd paper copied the answers from the answer book of other candidates having Roll Nos. 341442, 341440 and 341441. I examined the answer books. There is similarity of the answers Question No. 3 (a) of English IInd paper asks the candidate to translate in Hindi certain sentences which were indicated in the question paper. Other candidates have used the word 'Barhal but that is missing in the answer book of the petitioner As this mistake Is not appearing in the answer book of the petitioner, he cannot be conclusively held to have copied it from the answer bocks of other candidates. The second charge is that : (2) He while answering question No. 3 (5) did not correctly did rough work but the answers were correct. It is not the case that he copied it from other answer books. The mere incorrect rough work does not lead to the conclusion that the petitioner had copied it from the other answer books.
(2.) In the result, the writ petition succeeds and is allowed The order cancelling the result of the petitioner is set aside. The respondents are directed to declare the result of the petitioner. Parties shall bear their own costs. Petition allowed.;