Sudhir Narain, J. - (1.) THE petitioner seeks a writ of certiorari quashing the order passed by respondents No. 1 and 3 whereby the High School examination of the year 1983 has been cancelled and was further debarred from appearing in 1985 High School examination. The version of the petitioner is that he appeared in High School examination of 1983. He was allotted Roll No. 185987. The petitioner was served with a charge -sheet that while appearing in Science second paper on 24th March, 1983 he was found using unfair means for answering the said question paper. The petitioner submitted reply to the said charge -sheet that he did not use any unfair means while answering second paper of Science. The petitioner did not receive any order after he had submitted the explanation to respondent No. 1.
(2.) THE petitioner again appeared in the High School examination of 1984. He was allotted Roll No. 669357. The result of the petitioner of High School examination of 1984 was duly declared and he was declared successful with first division. He was also issued a mark -sheet. The petitioner received a letter dated 30th August, 1984 purporting to cancel the High School examination of 1983 on account of charges of using unfair means being proved while appearing in second paper of Science. The permission which was accorded to the petitioner for appearing in the examination of 1984 was cancelled by respondent No. 3. The petitioner has challenged this order in this writ petition. This Court granted time to the learned Standing Counsel on 23 -11 -1984 to file counter affidavit. Learned Standing Counsel was again granted time to file counter affidavit on 7th July, 1988 but till today no counter affidavit has been filed. Learned counsel for the petitioner submitted that the petitioner appeared in the High School examination of 1983. That has been cancelled but as the petitioner again appeared in the High School examination of 1984, he is not challenging the order of cancellation of 1983 examination. His contention is that the petitioner had submitted his explanation to the charges. Respondent No. 1 failed to pass any order after taking into consideration the explanation within a reasonable time. The petitioner in the meantime was permitted to appear in High School examination of 1984 and his result was also declared. There was no justification, in these circumstances, to pass order of cancellation of the result of the petitioner for 1984 examination.
(3.) CONSIDERING the facts and circumstances of the present case the order of respondent No. 1 cancelling the result of the petitioner of High School examination of 1984 is hereby quashed. The result of the petitioner of High School examination of 1984 shall be declared by respondent No. 1 and the petitioner shall be issued a certificate and the mark -sheet within one month from the date of production of a certified copy of this order before respondent No. 1. The writ petition is partly allowed.;