Judgement

GAJENDRAGADKAR, J. : This appeal by special leave arises out of a Writ Petition filed by the respondent Bagleshware Prasad against the Board of High School and Intermediate Education, U. P. Allahabad, and its Secretary, appellants 1 and 2 and another. By his petition, the respondent challenged the validity of the order passed by appellant No. 1 on December 5, 1960, cancelling the respondent s result at the High School Examination held in 1960. It appears that the respondent appeared for the said examination from the Nehru Intermediate College Centre, Bindki. He was declared to have passed the said examination in the II Division with distinction in Art. Thereafter, he joined Intermediate first year class in the Kulbaskar Ashram Agriculture College at Allahabad. On 3rd September, 1960 he received a letter from the Principal, Adarsh Higher Secondary School, Kora Jahanabad, from where he had appeared for the High School Examination, calling upon him to appear before a Sub-Committee to answer the charge of having used unfair means in English, Mathematics and Hindi papers. Accordingly, he appeared before the said Sub-Committee. A charge was given to him and his explanation was o