V.K. Khanna, J. - (1.) The petitioner before us appeared in the High School Examination, 1988 conducted by the Board of High School and Intermediate Education, U.P., Allahabad with Roll Number 449501 and 449505 respectively. The result of the petitioners was withheld and an enquiry was instituted for having used unfair means by them in Maths I Paper. The precise charge levelled against the petitioner was that while solving Question No. 7 (Ga) of Maths I Paper they had copied the answer from the answer books of the candidates bearing roll numbers given in the charge - sheet.
(2.) At the admission stage the Standing Counsel produced original answer books and other documents relevant to the controversy raised in this writ petition and the present writ petition is being decided finally in accordance with the Rule of the; Court after hearing learned counsel for the parties and referring original records produced by the Standing Counsel.
(3.) We have ourselves perused the answer books of the petitioners and compared the answer of Question No. 7 (Ga) of Maths I Paper with the answer of the candidates with when it has been alleged that they had copied the aforesaid answer. After carefully comparing all the answer books we have come to the conclusion that from the material available in the answer books it cannot be held that the petitioners have copied the alleged answer from other candidates. Looking to the facts and circumstances of the case even though normally it would not be possible to arrive at the answer given to Question No. 7 (Ga) of Maths I Paper without rough work, we are of the opinion that as Question No. 7 (Ga) of Maths I Paper finds place in the Text - Book prescribed by the Board itself along with answer, the possibility of the answer being grapsed by the petitioners cannot be ruled out. In these circumstances we are of the opinion that there was no evidence before the respondent - Board to come to the conclusion that the petitioners have used unfair means while solving Question No. 7 (Ga) of Maths I Paper.;