Rajesh Kumar Agrawal, J. - (1.) THE petitioner has appeared in the Intermediate Examination, 1997 conducted by the Board of High School and Intermediate Education, U.P. at Allahabad. He was allotted roll No. 1120116 and appeared as a private candidate of Inter College, Sabhaganj, Puraonagar, Allahabad. He appeared in all the papers. However, the Board of High School and Intermediate Education, U.P., Allahabad withheld the result of the petitioner on the ground of use of unfair means. The enquiry committee after considering the case of the petitioner cancelled the result vide order dated 4.2.98. It is the case of the petitioner that no incriminating material whatsoever was found from the petitioner nor the petitioner was found using any unfair means and merely because there has been some similarity in answering one of the questions in Physics II paper, his result could not have been cancelled. I have heard Sri V.K. Nagaich, learned counsel for the petitioner and Sri Anil Mehrotra, learned standing counsel appearing for the respondent.
(2.) THE learned standing counsel has produced before the Court the answer books of Physics II Paper of the petitioner alongwith the answer books of other candidates in respect of whom allegation of mass copying of answering question No. 7 Ka (Physics -II paper) has been alleged to be attempted in the same manner. One such answer book is of a candidate bearing roll No. 1120140. Sri V.K. Nagaich, learned counsel for the petitioner relied upon a decision of this Court dated 11.2.99 passed in Writ Petition No. 29339 of 1998 (Jitendra Kumar Srivastava v. Regional Secretary, Board of High School and Intermediate Education U.P.) at Regional Office, Allahabad. The petitioner, Jitendra Kumar Srivastava in the aforesaid case was allotted roll No. 1120140 in the Intermediate Examination, 1997, and had appeared from the same centre i.e. Sri Krishna Inter College, Deonahari Sanson, Allahabad. The allegation against the petitioner is that the petitioner had attempted the answer given to question No. 7 -Ka of Physics -II Paper in the same manner in which the petitioner bearing roll No. 1120140 and others had given. This Court had already held in the case of Jitendra Kumar Srivastava bearing roll No. 1120140 that merely because same mistake in answer had been committed by some students cannot be a reason for cancellation of the result unless and until some incriminating material has been recovered from the possession of a student at the time when the examination takes place. It is not the case of the respondents that any incriminating material was found or recovered from the possession of the petitioner.
(3.) THUS , respectfully following the decision of this Court in the case of Jitendra Kumar Srivastava (supra) I hold that the order passed by the Board of High School and Intermediate examination canceling the result of the petitioner cannot be sustained and is hereby quashed. The respondent is directed to issue a fresh mark sheet to the petitioner within a period of one month from the production of the certified copy of this order before him.;