- (1.) COULD result of Petitioner for intermediate examination be cancelled only because her father was one of the invigilators in room of Petitioner on some dates is the unfortunate question that arises for consideration in this petition.
(2.) THAT the conduct of Petitioner's father or for that matter any teacher who invigilates in the room in which his son or daughter is appearing as an examinee cannot be but characterised as unfair, immoral and reprehensible, such failures or defaults should be dealt with seriously and visited with punishment to all concerned so as to act as deterrent. But it should be inflicted on whom the teacher, the person responsible for allotting duty or the son or daughter who appeared as examinee. Cancellation of Petitioner's result because her father was on invigilation duty in same room has no doubt the impress of morality which could have prevented this Court from exercising its equity jurisdiction But the opposite parties have not furnished any material from which an inference can be drawn against Petitioner. Even this much has not been stated that Petitioner succeeded in securing disproportionate or good marks in those papers in which she appeared when her father was invigilator as compared to others. A candidate or student appearing in an examination has a right to get the result declared if he or she was otherwise eligible and did not incur any disqualification. Only reason mentioned in the order is presence of Petitioner's father who is a teacher as invigilator in the room in which she appeared. Even in the counter affidavit what is averred is that father's presence could not rule out possibility of Petitioners' securing good marks. May be so but possibility of securing good marks cannot be equated with unfair means. Mere suspicion without any material could not have furnished foundation for can ceiling Petitioners' result. Although the punishment inflicted on Petitioner does not appear to be justified but we may not be understood as condoning such serious lapse. Principal reason for allowing this petition is absence of any material either in the counter -affidavit or in the order which could justify the punishment meted out to Petitioner. At the same time we leave it open to Board to take such action against Petitioner's father or all those who were responsible for it air is permissible under law.
(3.) IN the circumstances the petition succeeds and is allowed. The order canceling Petitioner's result is quashed. There shall be no order as to costs.;