H.N.Seth, J.N.Dubey, JJ. - (1.) On 24-5-1985, this Court required the respondent to file a counter affidavit by 15-7-1985. No counter affidavit has been filed as yet but the learned counsel appearing for the respondent had received instructions and he placed respondent's version of the case before us. We have accordingly heard the learned counsel for the parties and are proceeding to dispose of the petition at the admission stage itself.
(2.) The petitioner appeared in 1983 High School Examination, conducted by the Board of High School & Intermediate Education. U.P. then in the normal course, result of the examinations was declared, it was announced that petitioner's result had been withheld. Subsequently, a notice dated 19-7-1983 was issued to her requiring her to show cause why her examination be not cancelled as she was guilty of using unfair means therein. The petitioner submitted her reply. Thereafter, the respondent declared her result on 26-3-1984 and the mark sheet delivered to her showed that she had secured as many as 46.3% marks. Again on 5-6-1984 the respondent issued the impugned notice to the petitioner calling upon her to explain why proceedings be not taken against her for using unfair means in the said examination.
(3.) The petitioner filed the present petition and questioned the right of the respondent to issue second Show cause notice for the purpose. Precisely, in similar circumstances, a Division Bench of this Court has, in the case of Kumari Shalini Rastogi v. Board of High School and Intermediate Education U.P., (1985 UPLBEC 164) held that it is not open to the respondent to issue a second Show cause notice or to punish the student on the basis of such notice. The decision in the case of Kumari Shalini Rastogi has been followed by another Division Bench of this Court in the case of Kumari Pratibha Tandon v. Board of High School & Intermediate Education, U.P. (Writ Petition no. 4302 of 1985, decided on 1-5-1985). Following aforementioned the two decisions, which are binding on us, we hold that the impugned notice which is dated 6th June, 1984 (Annexure-5 to the writ petition) is illegal and is liable to be quashed.;