SANJAY KANOJIA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) By this writ petition the petitioners have challenged the cancellation of their result of Intermediate Examination of 1990 by the Cancellation Committee of Meerut Region of U.P. Board of High School and Intermediate Examination (in short "cancellation committee").

(2.) Counter-affidavit has been filed by learned Standing Counsel on behalf of respondents Nos. 2 and 3. The counsel for the petitioner stated that no rejoinder-affidavit is necessary in this case and, therefore, the case can be disposed of at the stage of admission. It is accordingly being disposed of in accordance with the Rules of the Court at this stage.

(3.) The facts necessary for the purpose of this petition are that the petitioners appeared in Intermediate Examination of 1990 of U.P. Board of High School and Intermediate Education (in short 'Board') as students of O. F. Inter College, Marudnagar (in short 'College'). There is controversy between parties in respect of declaration of result of petitioners, the petitioners' assertion being that it was declared and mark-sheet was issued while according to contesting respondents the result was withheld due to case being of mass copying. In August, 1990 petitioners were asked to appear before an Inquiry Committee at Ghaziabad. At inquiry each of petitioner was asked to explain in respect of a numerical question of Physics as to how he solved question without attempting it on rough side of answer sheet. Each of the petitioner submitted his explanation to the inquiry committee. Subsequently, each of the petitioner was informed by Principal of the College that this result of Intermediate Examination held in 1990 has been cancelled in accordance, with confidential letter/ order dated 5-1-1991 of the Deputy Secretary, MST Uttar Pradesh, Sub-Officer, Meerut as per the decision of the Cancellation Committee. The petitioners have challenged this order of cancellation of result by Cancellation Committee.