UMENDRAM SAHU Vs. SECRETARY EXAMINATION COMMITTEE SECRETARY TECHNICAL EDUCATION BOARD SEC 1 U P LUCKNOW

JUDGEMENT

(1.) The matter here arises from the cancellation of the result of the appellant on the ground that he had been found guilty of using unfair means in the examination.

(2.) The charge against the appellant was that he was found in possession, during the examination, of material relevant to the subject of the examination.

(3.) It was sought to be contended on behalf of the appellant that in terms of Section 13 of the U.P. Pradeshik Shiksha Adhiniyam 1962, the result of the examination could have been withheld only if the appellant had been found guilty of using unfair means in the examination. The arguments being that mere possession of incriminating material cannot be construed as using unfair means in the examination.