O.P.Garg, J. - (1.) The petitioner appeared in Intermediate Examination of 1996 as private candidate. His result has been cancelled by order dated 16th September, 1997, Annexure-2 to the writ petition by respondent No. 1 on the ground that on 2,4.1996 when he was appearing in Maths IIIrd paper at National Graniodyogic Higher Secondary School. Sarai Vanshi. Allahabad, the Flying Squad seized two hand written papers from his possession and the said act of the petitioner was against the provisions of Regulation 2 (1) of Chapter VI of the Board's calender for which an explanation of the petitioner was called for. The petitioner denied the allegations made against him and maintained that the seized written papers were not in his hand writing and that the Flying Squad had collected them from behind the seat of the petitioner and that on mere suspicion, his answer book was checked but nothing objectionable was found from his possession.
(2.) By means of the present writ petition under Article 226 of the Constitution of India, the petitioner has challenged the impugned order dated 16.9.1997. Annexure-2 to the writ petition by which the result of the petitioner of Intermediate, 1996 examination has been cancelled and he has been debarred from appearing in the examination in the next year.
(3.) Counter and rejoinder-affidavits have been exchanged. Heard Sri S. P. Pandey. learned counsel for the petitioner as well as learned standing counsel on behalf of the respondents.;