R.M. Sahai, K.P. Singh JJ. - (1.) Result of Intermediate examination of petitioner of 1985 was cancelled because of being unfair means while answering question No. 4 (a) of English second paper. Examination Committee found that petitioner was guilty of either being unfair means while answering questions or he had permitted other students, whose roll numbers were mentioned in charge-sheet, to copy out his answers. After having obtained explanation of petitioner the Examination Committee cancelled his result. Argument of learned counsel for petitioner that result was cancelled without affording any opportunity, does not appear to have any merits.
(2.) In para 9 it is stated that candidates having roll numbers 392814, 392816, 392783 and 3928 8, who were similarly charge-sheeted for copying from petitioner in English second paper were also found guilty and their result has been declared. Since this appears to be slightly, startling, therefore, learned standing counsel was directed to produce answer books of the candidates having roll numbers mentioned earlier. Answer books of those candidates and of the candidates mentioned in charge-sheet given to petitioner were produced by learned standing counsel and have been perused by us. There can hardly be any doubt that the petitioner appears to have done translation as is in case of others from common source. The finding of the Examination Committee that petitioner was guilty of copying cannot be doubted. Difficulty that has arisen, however, is that Examination Committee decided to declare result of candidates having roll numbers mentioned earlier. From a perusal of those answer books it is apparent that those candidates were also guilty and appear to have copied out from the same source. There is hardly anything to distinguish within the two sets of answer books. In the circumstances, if we uphold order against petitioner it shall result in application of double standard by Examination Committee. In the circular. stances, even double standard of declaration of result not possible though petitioner is guilty of using unfair means his result is liable to be declared to ensure fairness amongst persons similarly situated.
(3.) In the result, petition succeeds and is allowed. Cancellation of petitioner's result is quashed. The opposite party is directed to declare result of petitioner forthwith. There shall be no order as to costs. Petition allowed.;