K.P. Singh, J. - (1.) The petitioner was a student of Class XII in Muslim Qudrat Inter College, Seokara, Bijnor, and has taken the examination science group of Board of High School and Intermediate Education in academic session 1986-87. His result has been cancelled through the communication dated 17-2-1988, contained in Annexure "3" to the writ petition. After receiving the communication, the petitioner has approached this court under Article 226 of the Constitution and has prayed for the following reliefs : (a) for quashing the impugned order dated 17-2-1988 ; and (b) any other suitable order or direction.
(2.) The only charge against the petitioner is that in-solving question No. 1 (Kha) he has not done the calculation. The explanation given by the petitioner is to the effect that the petitioner had read that question in the morning of the examination day and had given answer thinking that if time was left, the petitioner would do the necessary calculation. The answer book of the petitioner has been produced before us. We had that the explanation given by the petitioner cannot be termed as unreasonable and the inference drawn by the authorities concerned, appears (o us is based on suspicion. It is well known by now that only on suspicion no inference of using unfair means should be drawn against a candidate.
(3.) It has also been brought to our notice that the authorities concerned have given benefit of doubt to many students in such circumstances. Therefore, we think that the petitioner is entitled to declaration of his result and cancellation of the communication dated 17-2-1988, contained in Annexure "3" to the writ petition. The order dated 9-2-1988 mentioned the communication should also be quashed.;