K.N. Singh, J. - (1.) The petitioner appeared at the High School Examination of 1984 as a regular student. His result was with - held on the ground that he had used unfair means at the examination Subsequently, the Board of High School and Intermediate Education cancelled the petitioner's High School Examination, 1984.
(2.) The petitioner has challenged the action of the respondent Board by means of this petition under Article 226 of the Constitution. The charge against the petitioner was that he used unfair means in answering question no. 5 (kha) of Mathematics 1st paper. In support of this charge the respondent Board placed reliance on the common mistakes in the answer which has been committed by the petitioner and another candidate having roll No. 857739. The Standing Counsel produced the relevant papers before us. On perusal of the same we found that a similar charge had been framed against the candidate having roll no 857739 that he had committed similar mistake in answering the question as has been committed by the petitioner. Both, the petitioner and the candidate having roll no. 857739 were charged to have used unfair means in answering the question no. 5 (kha) and the charge was founded on the common mistake committed by both the candidates in answering the same question. The respondent Board gave benefit of doubt to the candidate having roll No. 857739 and declared his result without taking any action against him But, in the petitioner's case, it has taken action. His result has been cancelled. Neither the Examination Committee nor the Board has recorded any reason in discriminating the petitioner with the other candidate having roll no. 847719. Since that mistakes were common and Same charge was framed against both the candidates, the respondent Board could not take action only against the petitioner. The respondent have failed to show any reason in distinguishing the petitioner's case with that of the other candidate having roll no. 857739. In our opinion the petitioner has been discriminated without there being any justification for the same.
(3.) In the result, we allow the petition and quash the order of the respondent Board cancelling the petitioner's High School Examination, of 1984. We further direct the respondent Board to declare the petitioner's result of High School Examination of 1984 forthwith. Petition allowed.;