V.M.Sahai, J. - (1.) The petitioner passed High School in 1989, in first division. She appeared in intermediate examination with roll number 007989 as a regular student from Jawahar Inter College, Sheetalpur. Agra in 1991. Her result was withheld under WB category. But provisional marks-sheet was issued to her. The petitioner passed her B. A. in 1994 from degree college affiliated to Agra University as a regular student. She passed her M. A. examination in 1997 from Agra University, She was married in Rajasthan where she applied to be appointed as teacher. She produced her entire testimonials including intermediate Examination mark-sheet of 1991. On 30.9.1999. she approached the Principal of the institution and requested him that she be supplied the certificate of Intermediate Examination, 1991. The Principal refused and asked the petitioner to approach the respondents. On 2.8.1999 the petitioner made a representation in the office of respondent No. 1. On same day. she was served with impugned order informing her that her result has been cancelled. The order dated 2.8.1999 has been challenged by the petitioner by means of the present writ petition.
(2.) I have heard Sri M. D. Singh Shekhar, learned counsel for the petitioner and Sri V. K. Rai, brief holder for the State of U. P. appearing for the respondents.
(3.) The learned counsel for the petitioner urged that the order was arbitrary as the result of the petitioner was withheld under WB category which under the rules means withholding for suspicion and in absence of any proof that the petitioner was guilty of using unfair means, the order cannot be maintained. He further urged that the respondents in passing the order after eight years without affording any opportunity to petitioner were guilty of violating principles of natural justice. It is urged that in any case the provisional certificate having been issued and no steps having been taken for eight years the petitioner completed her post graduation, thereafter, the circumstances have changed and the equity prevents them from cancelling the examination now. The learned standing counsel supported the order. He urged that provisional mark-sheet was issued as the High Court had passed a general order in 1983 to Issue provisional marks-sheet in all cases of unfair means.;