C/M, SRI SHIV CHAND UCHCH MADHYAMIK VIDYALAY AND ORS. Vs. STATE OF U.P. THRU. SECR. DEPT. OF SECONDARY EDUC. AND ORS.

JUDGEMENT

(1.) THE petitioners have sought the quashing of the order dated 22nd March, 2010 passed by the Secretary, Board of High School & Intermediate Education, Allahabad (hereinafter referred to as the 'Secretary') by which re -examination of Hindi and Mathematics Papers of the High School Examination pertaining to certain 'Vitta Vihin' Institutions of District Ghazipur has been ordered.

(2.) THE said examinations of Hindi Paper I and Hindi Paper II were held on 6th March, 2010 while examination of Mathematics Paper I and II were held on 10th March, 2010 and 13th March, 2010 respectively.

(3.) IN the present case, time was granted to the learned Standing Counsel on 23rd April, 2010 to file a counter affidavit. A counter affidavit has been filed in which apart from the general averments as were contained in the counter affidavit filed in Writ Petition No. 18050 of 2010, it has also been stated in respect of three Institutions that the copies of most of the candidates tallied and that the Centre Superintendent/Class Invigilators were not performing the duties and were assisting in mass -copying. The allegations are general in nature and there is nothing on the record to indicate that any effort was made by the Board to find out whether their answers were similar. It cannot, therefore, be said that the students had resorted to use unfair means.