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1990 Supreme(All) 254

B.L.LOOMBA, S.H.A.RAZA, U.C.SRIVASTAVA
MOHAMMAD AZAZ – Appellant
Versus
MADHYAMIK SHIKSHA PARISHAD, UTTAR PRADESH, ALLAHABAD – Respondent


Advocates Appeared:
S.C.MISHRA, S.N.Bajpai

U. C. SRIVASTAVA, J.

( 1 ) A Division Bench of this Court finding itself unable to agree with another Division Bench decision in another writ petition, which too was directed against the cancellation of the result of the 1986 examination conducted by the Madhyamik Shiksha Parishad. opposite party No. 1, (for short board), in these two petitions has referred the following questions for being decided by a larger Bench : (1) Whether the case of Sanjai Srivastava v. Madhyamik Shiksha Parishad Writ Petn. No. 7396 of 1986 decided on 11-11-1987 at Lucknow Bench was correctly decided? (2) Whether the principle of discrimination laid down in Arvind Kumar Pandey v. Secretary, Board of High School arid Intermediate Education U. P. , 1985 UPLBEC 55 and in the Uma Shanker Dube v. Board of High School and Intermediate Education U. P. , 1986 UPLBEC 500 can be extended to cases where several students are required to explain in respect of a mathematical equation how their final answer is correct when the intermediate steps are either wrong or missing? (3) Whether in such cases the case of each student will have to be separately examined to see whether reasonable opportunity to defend was provided"?
















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