S.K. Choudhuri, J.

In this writ application under Articles 226, 227 of the Constitution of India, the petitioner

challenges that part of the order dated 15th September 1980 contained in Annexure-6 by which the examination of the petitioner has been cancelled.

2. It is not disputed that the petitioner was a regular student of Govindpur High School, Garhwa, district Palamau and appeared in the annual Bihar Secondary School Examination of the year 1980, after admit card had been issued to him. The reason mentioned for cancellation of his examination in Annexure-6 is that as he was not registered in the office of the Board, the examination of the petitioner has been cancelled.

3. According to the petitioner the deposited the requisite registration fee on 20th May 1979 with the Head Master of the school. He has claimed that the said deposit was made under Annexure-1. Annexure-l is a photostat copy of the receipt showing deposit of Rs. 5/- as the registration fee, and Annexure-If A is another photostat copy of a receipt dated 22.11.1979 which shows that the necessary examination fee was deposited. He has also annexed as Annexure-5, a copy of the letter written by the Headmaster to the petitioner's lawyer which was given in reply to the pleaser notice. In that letter the Head Master has stated that the petitioner was a regular student of the school and had to appear at the annual examination of the Board of the year 1980, and for that purpose he deposited Rs.5/-, but as the petitioner could not come to the office of the school for signing the form, his signature was not obtained in the registration form which was to be sent to the Board office, It has been further stated in that letter that in the beginning of October, 1979 this mistake was detected and steps was taken in this regard and an assurance was also given by the authorities of the Board to the guardian of the petitioner that the petitioner's registration will be done. The letter further says that the last date for .registration was 10th of October, 1979, and on 1st of October 1979, the office of the school sent the required registration form after getting it completed, to the Examination Board. According to the statement of the Headmaster as appeared in the letter (Annexure-5), it appears that as the registration certificate was not received till the filling up of the form for the annual examination, therefore, on 28th November 1979, fresh registration forms with late fees were sent in respect of seven students including that of the petitioner along with bank draft dated 26th November. 1979 and in anticipation of the registration, fees and forms of the petitioner along with other six students with examination fees were also sent to the Board and thereafter, admit card was issued and the petitioner appeared along with those students. It further shows that the draft which was lent along with the registration forms of the petitioner and six other students were, however, returned by the Examination Board by its letter no. 4012 dated 16th January, 1980. The Headmaster has expressed his feeling in favour of the petitioner by expressing in that letter that the school authorities tried its best to get the aforesaid work done and the representation was also sent to the Examination Board, but it failed and/or neglected to fulfil the just and legal demand of the petitioner, and cancelled the result of the petitioner by its letter no. 3058 dated 15th September 1980.

4. A counter-affidavit has been filed on behalf of respondent no. 2 the Secretary of the Bihar School Examination Board and respondent no. 3 the Assistant Secretary (south Chotanagpur), Bihar School Examination Board. In that counter-affidavit, they have denied receipt of the registration fees before the bank draft was sent and which was returned by the Board. It will be relevant to state that in paragraph 10 of the counter-affidavit it has been stated that the admit card had been issued to the petitioner through inadve