KM ARCHANA Vs. STATE OF U P

JUDGEMENT

(1.) -The petitioner appeared in the Intermediate Examination held in 2005 by the Board of High School and Intermediate Education, Allahabad. The result of the petitioner had been withheld. On 24.6.2005 the petitioner was issued a charge-sheet by the Assistant Secretary of the Board and she was required to show cause as to why, on the basis of the charges mentioned therein, the examination of the petitioner be not cancelled. The charge was that on 16.3.2005, while appearing in Chemistry 1st paper examination, in a surprise inspection conducted by the Flying Squad, the petitioner was found in possession of two printed chits. In the said notice it was not mentioned as to from where or which part of the body of the petitioner the said chits had been recovered. The notice was on a cyclostyled sheet, stating that the said chits were found on her desk/in her answer copy/inside her pocket/inside her shoes ; but no particular place was specified. In response, the petitioner submitted her reply on 8.8.2005, categorically denying the charges levelled against her. It was specifically stated that the chits did not belong to her, and even if the same may have been found lying under her table or chair, the same could not be attributed to be belonging to the petitioner, as it was not even specified as to from where and how the same had been recovered. After receipt of reply, by order dated 24.6.2005, passed on a printed sheet (after filing in the blank columns), the examination of the petitioner for the intermediate examination of the year 2005 has been cancelled on the ground that the petitioner was found using unfair means in Chemistry 1st Paper of the said examination and consequently the results were also cancelled.

(2.) I have heard Sri V. K. Nagaich, learned counsel appearing for the petitioner as well as the learned standing counsel appearing for the respondents. Learned standing counsel has produced the relevant answer copy of Chemistry 1st Paper of Intermediate Examination of the petitioner and thus this writ petition has been heard and is being disposed of finally at this stage, without calling for counter-affidavit.

(3.) AS such, for the foregoing reasons, the impugned order dated 24.10.2005, passed by the respondent-Board is liable to be set aside and is, accordingly, quashed. It is further directed that the respondents shall forthwith declare the result of Intermediate Examination, 2005 of the petitioner and also issue her the marksheet.