NAWAL KISHORE Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned Counsel for the petitioner and learned Standing Counsel.

(2.) The brief facts of the case are that the petitioner appeared in Intermediate Examination, 1997 from U.P. Board with Roll Number 1036898 as private candidate. His examination centre was Triveni Sahai Inter College, Bisuali, Badaum, Some printed material was allegedly found from the possession of the petitioner by the Flying Squad when he was solving Hindi I paper and his answer book was changed, resulting which his result was withheld. Thereafter a chargesheet was issued against him vide order dated 30.8.1997 to which it was alleged that some papers were recovered from the possession of the petitioner which was kept by him inside the answer book on his desk, inside the pocket, inside the shoes and he was copying the same/trying to copy of the same. The second charge was that he could copy the same in solving question Nos. 3 and 4. The petitioner denied the same, but his result was cancelled.

(3.) A counter affidavit it has been filed by the learned Standing Counsel on behalf of the opposite parties, but holding has been indicated therein as to from which part of the body the piece of papers were recovered from the possession of the petitioner or was kept on the desk or inside the answer book. In the chargesheet only this much has been indicated that the petitioner could use the same in making answer of question Nos. 3 and 4.