- (1.) In this case counter and rejoinder - affidavit were filed by the parties. Record of the case was also produced by learned standing counsel at the time of hearing, in compliance of the order dated 29-5-97 passed by this Court. I, therefore, have heard this matter finally at this stage.
(2.) By means of this petition under Article 226 of the Constitution of India, petitioner prays for issuance of a writ, order or direction in the nature of certiorari quashing the order dated 31-3-1997 passed by respondent No. 2 cancelling the result of Intermediate examination of the petitioner for the year 1996. Prayer for a writ in the nature of mandamus commanding the respondents to declare the result of the petitioner of Intermediate examination (Roll No. 374384) has also been made.
(3.) Brief facts of the case, as transpired from the material on record, are that petitioner appeared as a regular candidate in Intermediate examination for the year 1996. He was allotted aforesaid roll number by respondent No. 2 and was permitted to appear in the aforesaid examination from Agra Sen Inter College, Allahabad. On 11-3-96 when the petitioner along with other students was solving Biology 1st paper, flying squad, at about 3.30 p.m., made surprise checking of the aforesaid examination centre. An hand written chit was found lying on the floor of the examination hall. Flying squad declared to have found said chit from the possession of the petitioner. On the recovery sheet, (at page 2 of C.A.-2) it was noted as under :-'Seet Ke Paas Chit Pai Gai'.;