( 1 ) THIS appeal has been preferred against an order of Mr. Justice Mathur by which he dismissed a petition filed by the appellant under Article 226 of the Constitution.

( 2 ) THE facts as have been found by the learned Judge (and no attempt was made before us to challenge those findings) are that the appellant was a student studying for M. Sc. (Technical)Previous Examination of the Banaras Hindu University. In Mav 1959 he was appearing at that examination. The paper which he was answering in that connection on 6-5-1959 was the paper on Industrial Chemistry. Sri Section N. Roy Chaudhary was the invigilator at the examination. Dr. Section Prasad was the Superintendent. At about 9. 30 a. m. while the examination was continuing the invigilator recovered a piece o paper from under the thigh, of the appellant. It contained certain writings which related to the paper which the appellant was answering. While the paper was being taken out it got torn into two pieces. The appellant took one of the pieces and tore it into bits. The other piece was taken by the invigilator. He took the appellant to the seat of the Superintendent. The appellant was told about what had happened