PAWAN KUMARS Vs. BOARD OF U P HIGH SCHOOL AND INTERMEDIATE
LAWS(ALL)-1999-5-154
HIGH COURT OF ALLAHABAD
Decided on May 24,1999

PAWAN KUMAR Appellant
VERSUS
BOARD OF U.P. HIGH SCHOOL AND INTERMEDIATE Respondents

JUDGEMENT

A.K.Yog, J. - (1.) Four students, who appeared in the Intermediate Examination, 1997, held by the U. P. Board, filed this petition seeking a writ in the nature of mandamus to command the U. P. Board of High School and Intermediate Regional Office, Meerut (hereinafter called 'the Board') to declare the result of the petitioners as successful exonerating them of charge of using unfair means and mass-copying.
(2.) At the outset Court would like to record its anguish over the tenor and the expression used in the petition by these student-petitioners, in Paragraph Nos. 13 and 14 of the petitioner, serious allegations leveling charges against the Board officials have been made, which, if found to be correct, will expose the Board officials to criminal charges. Wild allegations against the Board officials have been made without giving requisite particulars and details so as to inspire confidence necessarily required to initiate action. Such a practice of making allegation lightly and only to lend colour to prejudice the Court 'is to be deprecated. The conduct of the petitioners in this respect is reprehensive. Court cannot, at the same time, close its eyes to the fact that the pattern and expression chosen for submitting pleading is in control of an advocate and in this view of the matter, coupled with the circumstance that it concerns future career of four young students, the Court refrains from taking any stern action but desires to issue a caution for future.
(3.) On 10th May. 1999 an order was passed directing the learned standing counsel Sri Atul Mehra, representing Respondent Board, to produce the Answer Books in question and particularly those, which were said to be containing identical answers and were the foundation of coming to the conclusion of having adopted unfair means leading to the cancellation of the examination of the petitioners. These answer books are thus available in Court.;


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