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2003 Supreme(SC) 248

R.C.LAHOTI, BRIJESH KUMAR
Sarat Kumar Pamgrahi – Appellant
Versus
Secretary, Board Of Secondary Education, Orissa – Respondent


JUDGMENT

R.C. Lahoti. J.-Leave granted.

2. Chandra Shekhar Panigrahi, the appellant s son, was a candidate for Annual HSC Examination, 2001 appearing in all subjects of the Board of Secondary Education, Orissa along with Third Language Oriya (TLO). On 20.3.2001 while the examination was being held a flying squad visited the examination hall wherein the appellant s son was sitting. A piece of paper containing some Sanskrit scripts was found lying near his table. The flying squad seized the paper and prepared a report showing the appellant s son as having adopted unfair means in the examination. On 26.5.2001 the Board of Secondary Education, Orissa (hereinafter, the BSE) issued a show cause notice accusing Chandra Shekhar of being in possession of incriminating materials in the examination hall. Chandra Shekhar controverted the allegation defending himself on all the counts. However, his result was withheld. Feeling aggrieved, the appellant filed a writ petition in the High Court of Orissa, which was dismissed. This is an appeal by special leave.

3. According to the respondent-Board, it is true that the seized piece of paper was of no use for Chandra Shekhar, as it contained no materia








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