DINESH SHARMA Vs. MADHYAMIK SHIKSHA PARISHAD

JUDGEMENT

(1.) THIS is yet another case which has come to this court which depicts the arbitrary manner in which the Madhyamik Shiksha Parishad has punished the petitioner who appeared as a regular candidate in the High School Examination of 1988 conducted by the Madhyamik Shiksha Parishad, Bareilly Region, Bareilly (hereinafter referred to as the Parishad). The Roll Number allotted to the petitioner was 341450.

(2.) THE result of the petitioner was withheld on the ground of suspected use of unfair means in Mathematics II Paper. THE charge against the petitioner was to the effect that necessary rough calculation to arrive at the answer of question No. 4 (e) in Mathematics II Paper was not done by the petitioner. THE petitioner replied to the charge by saying that the said rough calculation does find place in one of the answer-books of the petitioner.

(3.) FROM a perusal of the documents produced before us, we find that the petitioner had attempted answer to question no. 4 (e) of Mathematics II Paper in answer-book B and a rough calculation in regard to the said question has also been done by him in another answer-book B. The petitioner had at the earliest opportunity, in reply to the show cause notice.' also stated that he has in fact made a rough calculation in the answer book before answering the said question finally. FROM the answer-books produced before us, we find that the said claim of the petitioner stands substantiated inasmuch as there is a rough calculation in answer book B before the said question had been attempted and answered by the petitioner in answer-book B.