JUDGMENT - S.S. NIJJAR, J. :---In this petition under Articles 226/227 of the Constitution of India, the petitioner has prayed for a writ of certiorari quashing the order of the Court Martial dated 21st March, 1990. He has also challenged the order of confirmation passed by the General Officer, Commanding in Chief, Southern Command, Pune, dated 14th July, 1990 and the order of the Chief of Army Staff, New Delhi dated 9-1-1991 whereby the petition against the confirmation order under section 164(2) of the Army Act, 1950 was dismissed.

2.On 3rd November, 1988, the petitioner was appearing in a written examination known as "Technical Staff Course-16 Examination." On that day the petitioner was appearing in the Mathematics paper. One Major Bhowmik along with Major Sharma and Major Bhakshi were acting as Invigilators in the examination. The petitioner had in his possession a calculator which contained some written mathematical formulae on the reverse side. The petitioner was allegedly making use of the mathematical formulae for solving the question paper. The petitioner was thereafter not allowed to continue with the paper. The question paper, answer book and the calculator were seized

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