H.N. Seth, B.L. Loomba, J. - (1.) On 7th November, 1985 the respondent Board of High School and Intermediate Education, U.P. Allahabad was granted two weeks time and no more to file counter affidavit. However, learned Standing Counsel appearing for the Board has produced the original record for perusal of the court. We have accordingly proceeded to finally dispose of the writ petition on the basis of the record produced by the Board before it.
(2.) The petitioner appeared in the High School Examination for the session 1983-84 as a regular student of Markande Higher Secondary School Keithi, Varanasi, and his result was declared on provisional basis subsequently it was cancelled vide order dated 19th March, 1985 on the ground that he had used unfair means in answering question No. 5-Kha of General Mathematics 2nd paper.
(3.) Aggrieved, the petitioner has approached this court for relief under Article 226 of the Constitution. Main submission made by the counsel for the petitioner is that there was admittedly no material before the Board on the basis of which it could have come to the conclusion that the petitioner had used unfair means in answering the said question.;