MOHD TUFAIL KHAN Vs. DIRECTOR OF EDUCATION LUCKNOW

JUDGEMENT

(1.) In this case, counter and rejoinder-affidavits were filed by the parties. Record of the case was also produced by learned standing counsel at the time of hearing, in compliance of the order dated 29.5.97 passed by this Court. I, therefore, have heard this matter finally at this stage.

(2.) By means of this petition under Article 226 of the Constitution of India, petitioner prays for Issuance of a writ, order or direction in the nature of certiorari quashing the order dated 31.3.1997 passed by respondent No. 2 cancelling the result of Intermediate examination of the petitioner for the year 1996. Prayer for a writ in the nature of mandamus commanding the respondents to declare the result of the petitioner of Intermediate examination (Roll No. 374384) has also been made.

(3.) Brief facts of the case, as transpired from the material on record, are that petitioner appeared as a regular candidate in Intermediate examination for the year 1996. He was allotted aforesaid roll number by respondent No. 2 and was permitted to appear in the aforesaid examination from Agrasen Inter College, Allahabad. On 11.3.96 when the petitioner along with other students was solving Biology Ist paper, flying squad, at about 3.30 p.m., made surprise checking of the aforesaid examination centre. A hand-written chit was found lying on the floor of the examination hall. Flying squad declared to have found said chit from the possession of the petitioner. On the recovery sheet, (at page-2 of C.A.-2) it was noted as under :-' Seet Ke Pass Chit Pai Gai' It is signed by members of flying squad, namely, Sri Dhaneshwar, Kampta Prasad Tripathi as well as by examination superintendent. Answer book originally supplied to the petitioner was taken in their possession by the members of flying squad and the petitioner was supplied second answer book. Thereafter, a charge-sheet dated 16.10.96 was served upon the petitioner on 4.11.96 (as it is evident from the order of Director of Education dated 7.1.97 on the margin of Annexure-5 to the writ petition). By means of said charge-sheet, petitioner was called upon to submit his explanation by 29.10.1996, with respect to the charge levelled against him. For Intermediate examination, on 11.3.96 regarding Biology Ist paper, following charge was levelled :-' Naitik Apradh Ka Kirtya Kiya'. Aforesaid charge was elaborated as under :- On 11.3.96, during examination hours, one hand-written and two printed pages were recovered from the petitioner...... column No. 2 although tick marked, but not on any one of the specific allegation Nos. 1 to 4. It was apparently vague. Column Nos. 3 and 4 were scored out, which meant that the aforesaid material could not be used in solving any question, nor the same was used by the petitioner.