RAVI S.DHAVAN, J. - (1.) Ten defective beyond limitation special appeals have been filed. These appeals, all of them, have been filed on behalf of the Director, Board of High School and Intermediate Education. One appeal is beyond limitation by five years. These cases relate to allegations by the Board of High School and Intermediate Education (hereinafter referred to as the Board) that the students who had appeared in various examinations had indulged in unfair means. In the circumstances, the results of the examination, whether of High School or Intermediate had been withheld. The allegations against the students whose results had been withheld came in various shades. These allegations were categories as mass copying , common mistakes, doubtful cases etc.
(2.) Each of these candidates filed writ petition. A writ of certiorari had been issued to the Board to place before the High Court, the inquiry report and the answer books. In each of these ten cases, the record was examined by the Hon'ble Judge. The assessment of the Hon'ble Judge, upon perusing the record is decisive, but diverse.
(3.) This Court has examined each one of the records of the writ petitions. The comments of the Hon'ble Judge are to the effect. In some case there has been no inquiry so as to make an allegation that there has been a mass copying. In other cases, results have been with-held merely because there have been common mistakes. There are cases where despite the record having been asked upon a writ of certiorari, the answer books had been produced and the Hon'ble Judge has recorded it so. There are some cases in which the inquiry reports, despite a writ of certiorari have been issued, have not been produced. Then, there are cases in which the Hon'ble Judge examined the record and came to the conclusion that the answers may be similar, but it cannot be presumed that there was any attempt to copy. There are cases where the Hon'ble Judge came to the opinion that there was no similarity so as to make an allegation that there had been cheating. Lastly there are cases, in which the Hon'ble Judge came to the conclusion that there is no report of an invigilator and yet an allegation of mass copying has been made. The examinations in question , whether of High School or Intermediate, are of the years between 1992 and 1997.;