ABINANDAN ROY Vs. BIHAR SCHOOL EXAMINATION BOARD

JUDGEMENT

(1.) The petitioner having passed M. A. Examination is now being told that his High School Examination results have been cancelled for use of unfirameans. Petitioner appeared in the Secondary School Examination of the Bihar School Examination Board in the year 1982 and his results are appended as Annexure-3 to the writ application. He passed. He then took admission to Intermediate of Arts Course and passed. He then did his Graduation and passed and lastly his M. A.

(2.) Counter affidavits have been filed raising pleas about delay, laches in filing writ application. I fail to see of what relevance they are. In the two counter affidavits filed the genuineness of the Secondary School Examination result, as issued by the Bihar School Examination Board and appended as Annexure-3 has not even been doubted. How petitioner came to be issued that marksheet has not even been questioned. It is, thus, apparent that after results were declared, the results appeared to have been cancelled without information to the petitioner immediately. Now, it would be highly inequitous to permit the Board to take such a stand after a decade when much water has flown down the Ganges since then.

(3.) In that view of the matter, the stand of the Board in cancelling the examination results of Secondary School of the petitioner cannot be sustained.