SACHIN AGARWAL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The petitioner, Sachin Agarwal, appeared in the Intermediate examination with Roll No. 293095 in science subjects from Janta Technical Inter College, Bisalpur, Pilibhit centre. A provisional mark-sheet under 'W.B.' category, i.e. a suspected case of using unfair means during examination was issued to him. A notice was issued to the petitioner to appear in August, 1996 before the Spot Enquiry Committee at Govt. Inter College, Pilibhit. It was found that there was resemblance in the answer of the petitioner in question No. 3-Ga of Mathematics IInd paper with other candidates bearing roll Nos. 293088, 293089. Ultimately, by order dated 6-12-1997, the result of the petitioner of Intermediate examination 1997 was cancelled. A copy of this non-speaking one line order is contained in Annexure 1 to the writ petition. The petitioner has denied to have indulged in adopting unfair means and by means of this writ petition under Article 226 of the Constitution of India, it is prayed that the impugned order dated 6-12-1997 cancelling the result of the petitioner be quashed and the respondent No. 1 be commanded to declare the result of the petitioner and to issue a proper and clean mark-sheet and certificate treating him to have passed the examination.

(2.) In the counter affidavit filed by Sri Sanjay Upadhyay. Up Sachiv, Madhyamik Shiksha Parishad, U.P., the allegations contained in the petition have been denied and it is stated that the decision of the Committee was communicated to the petitioner through the Principal of the College.

(3.) Heard Sri V.K. Nagaich, learned counsel for the petitioner and learned standing counsel on behalf of the respondents.