M.L. Bhatt, J. - (1.) The petitioner had appeared at the High School Examination of the year 1988. His result has been cancelled by the order dated 17.3.1989 communicated on 19.9.1989 as is evident from Annexure II attached with the writ petition.
(2.) The only charge against the petitioner is that the answer of question No. 3(A) of English IInd Paper tallies with the answer of other student bearing Roll. No. 358877, 358873, 35881, 35885, 358963 and 1202703.
(3.) We have compared the answer book of the petitioner with the answer book of the student bearing Roll No. 358877. We find that the conclusion arrived at by the authorities concerned are patently erroneous. There is much difference between the two answer books and it is impossible to inter from the two answer books that the answer to question No. 3(a) of the petitioner tallies with other the answer of the student. It is well-known by now that the decision of the authorities cannot be based on surmises and conjectures or mere suspicion. It has also been indicated in various decisions of this Court that mere similarity of the mistakes cannot lead to an irresistible conclusion that the student has used unfair means. In the present case we are satisfied that the decision of the authorities concerned is patently erroneous and deserves to be quashed.;